17. Application of the Code of Civil Procedure.—

(1) 1 [The procedure prescribed in the Code of Civil Procedure, 1908 (5 of 1908), shall, save in so far as is otherwise provided by that Code or by this Act,] be the procedure followed in a Court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits:

Provided that an applicant for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presenting his application, either deposit in the court the amount due from him under the decree or in pursuance of the judgment, or give 2 [such security for the performance of the decree or compliance with the judgment as the Court may, on a previous application made by him in this behalf, have directed].

(2) Where a person has become liable as surety under the proviso to sub-section (1), the security may be realized in manner provided by section 3 [145] of the Code of Civil Procedure, 4 [1908 (5 of 1908)].

1 Subs. by Act 1 of 1926, s. 2, for certain words.

2. Subs. by Act 9 of 1935, s. 2, for “security to the satisfaction of the Court for the performance of the decree or compliance with the judgment, as the Court may direct”.

3. Subs. by Act 1 of 1926, s. 2, for “253”.

4. Ins. by s. 2, ibid.

18. Trial of suits by Registrar.—

(1) Suits cognizable by the Registrar under section 12, sub-sections (3) and (4), shall be tried by him and decrees passed therein shall be executed by him, in like manner in all respects as the Judge might try the suits, and execute the decrees, respectively.

(2) The Judge may transfer to his own file, or to that of the Additional Judge if an Additional Judge has been appointed, any suit or other proceeding pending on the file of the Registrar.

19. Admission, return and rejection of plaints by Registrar.—

(1) When the Judge of a Court of Small Causes is absent, and an Additional Judge has not been appointed or, having been appointed, is also absent, the Registrar may admit a plaint, or return or reject a plaint for any reason for which the Judge might return or reject it.

(2) The Judge may, of his own motion or on the application of a party, return or reject a plaint which has been admitted by the Registrar, or admit a plaint which has been returned or rejected by him:

Provided that where a party applies for the return or rejection or the admission of a plaint under this sub-section, and his application is not made at the first sitting of the Judge after the day on which the Registrar admitted, or returned or rejected, the plaint, the Judge shall dismiss the application unless the applicant satisfies him that there was sufficient cause for not making the application at that sitting.

20. Passing of decrees by Registrar on confession.—

(1) If, before the date appointed for the hearing of a suit, the defendant or his agent duly authorised in that behalf appears before the Registrar and admits the plaintiff's claim, the Registrar may, if the Judge is absent, and an Additional Judge has not been appointed or, having been appointed, is also absent, pass against the defendant, upon the admission, a decree which shall have the same effect as a decree passed by the Judge.

(2) Where a decree has been passed by the Registrar under sub-section (1), the Judge may grant an application for review of judgment, and re-hear the suit, on the same conditions, on the same grounds and in the same manner as if the decree had been passed by himself.

21. Execution of decrees by Registrar.—

(1) If the Judge is absent, and an Additional Judge has not been appointed or, having been appointed, is also absent, the Registrar may, subject to any instructions which he may have received from the Judge or, with respect to decrees or orders made by an Additional Judge, from the Additional Judge, make any orders in respect of applications for the execution of decrees and orders made by the Court of which he is Registrar, or sentto that Court for execution, which the Judge might make under this Act.

(2) The Judge, in the case of any decree or order with respect to the execution of which the Registrar has made an order under sub-section (1), or the Additional Judge, in the case of any such decree or order which has been made by himself and with respect to which proceedings have not been taken by the Judge under this sub-section, may, of his own motion, or on application made by a party within fifteen days from the date of the order of the Registrar or of the execution of any process issued in pursuance of that order, reverse or modify the order.

(3) The period of fifteen days mentioned in sub-section (2) shall be computed in accordance with the provisions of the 1 Indian Limitation Act, 1877 (15 of 1877), as though the application of the party were an application for review of judgment.

1. See now the Indian Limitation Act, 1963 (36 of 1963).

22. Adjournment of cases by chief ministerial officer.—

When the Judge of a Court of Small Causes is absent and an Additional Judge has not been appointed or, having been appointed, is also absent, the Registrar or other chief ministerial officer of the Court may exercise from time to time the power which the Court possesses of adjourning the hearing of any suit or other proceeding, and fix a day for the further hearing thereof.

23. Return of plaints in suits involving questions of title.—

(1) Notwithstanding anything in the foregoing portion of this Act, when the right of a plaintiff and the relief claimed by him in a Court of Small Causes depend upon the proof or disproof of a title to immovable property or other title which such a Court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the title.

(2) When a Court returns a plaint under sub-section (1), it shall comply with the provisions of the second paragraph of 2 section 57 of the Code of Civil Procedure (14 of 1882) and make such order with respect to costs as it deems just, and the Court shall, for the purposes of the 1 Indian Limitation Act, 1877 (15 of 1877), be deemed to have been unable to entertain the suit by reason of a cause of a nature like to that of defect of jurisdiction.

2. Sec now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I, Order VII, rule 10

24. Appeal from certain orders of Courts of Small Causes.—

Where an order specified in 3 [clause (ff) or clause (h) of sub-section (1) of section 104 of the Code of Civil Procedure, 1908 (5 of 1908),] is made by a Court of Small Causes, an appeal therefrom shall lie to the District Court 4 [on any ground on which an appeal from such order would lie under that section].

3. Subs. by Act 9 of 1922, s. 5, for “section 588, clause ( 29), of the Code of Civil Procedure”.  

4. Ins. by s. 5, ibid.

25. Revision of decrees and orders of Courts of Small Causes.—

The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit.

STATE AMENDMENT

Uttar Pradesh

Amendment of Section 25 of Act IX of 1887.—

In section 25 of principal Act, the following proviso thereto shall be inserted, namely :— 

“Provided that in relation to any case decided by a District Judge or Additional District Judge exercising the jurisdiction of Judge of Small Causes, the power of revision under this section shall vest in the High Court.”

[Vide Uttar Pradesh Act 37 of 1972, s. 3]

Haryana

Amendment of section 25.—

For section 25 of the Provincial Small Cause Courts Act, 1887, the following section shall be substituted, namely:—

“Revision of decrees and orders of Courts of Small Causes.—

(1) The District Judge for the purpose of satisfying himself that a decree or order made in any case decided by a Court of Small Causes was according to law, may of his own motion, or on the application of an aggrieved party made within thirty days from the date of such decree or order, call for the case and pass such order with respect thereto as he thinks fit.

(2) Any revision pending in the High Court against the decree or ord er made by a Court of Small Causes shall stand transferred to the District Judge exercising ordinary territorial jurisdiction in such cases.”

[Vide Haryana Act 27 of 1977, s. 2]

26. [Amendment of the Second Schedule to the Code of Civil Procedure.] Rep. by the Presidency Small Cause Courts Law Amendment Act, 1888 (10 of 1888), s. 4.

27. Finality of decrees and orders.—

Save as provided by this Act, a decree or order made under the foregoing provisions of this Act by a Court of Small Causes shall be final.