28. Subordination of Courts of Small Causes.—

(1) A Court of Small Causes shall be subject to the administrative control of the District Court and to the superintendence of the High Court, and shall—

(a) keep such registers, books and accounts as the High Court from time to time prescribes, and

(b) comply with such requisitions as may be made by the District Court, the High Court or the State Government for records, returns and statements in such form and manner as the authority making the requisition directs.

(2) The relation of the District Court to a Court of Small Causes, with respect to administrative control, shall be the same as that of the District Court to a Civil Court of the lowest grade competent to try an original suit of the value of five thousand rupees in that portion of the territories administered by the State Government in which the Court of Small Causes is established.

29. Seal.—

A Court of Small Causes shall use a seal of such form and dimensions as ar e prescribed by the State Government.

30. Abolition of Courts of Small Causes.—

The State Government may, by order in writing, 1 abolish a Court of Small Causes.

1. For instance of a notification abolishing a Court of Small Causes (Broach), see Bombay Govt. Gazette, 1907, Pt. 1. p. 339. 

31. Saving of power to appoint Judge of Court of Small Causes to other office.—

(1) Nothing in this Act shall be construed to prevent 2 [the appointment of] a person who is a Judge or Additional Judge of a Court of Small Causes t o be also a Judge of any other 3Civil Court or to be a Magistrate of any class or to hold any other public office.

(2) When a Judge or Additional Judge is so appointed, the ministerial officers of his Court shall, subject to any rules which the State Government may make in this behalf, be deemed to be ministerial officers appointed to aid him in the discharge of the duties of the other office.

2. Subs. by the A. O. 1937, for “ the L. G. from appointing”.

3. For instances of notifications issued under this power, see U. P. R. & 0.

32. Application of Act to Courts invested with jurisdiction of Court of Small Causes.—

(1) So much of Chapters III and IV as relates to—

(a) the nature of the suits cognizable by Courts of Small Causes,

(b) the exclusion of the jurisdiction of other Courts in those suits,

(c) the practice and procedure of Courts of Small Causes,

(d) appeal from certain orders of those Courts and revision of cases decided by them, and

(e) the finality of their decrees and orders subject to such appeal and revision as are provided by this Act, applies to Courts invested by or under any enactment for . the time being in force with the jurisdiction of a Court of Small Causes so far as regards the exercise of that jurisdiction by those Courts.

(2) Nothing in sub-section (1) with respect to Courts invested with the jurisdiction of a Court of Small Causes applies to suits instituted or proceedings commenced in those Courts before the date on which they were invested with that jurisdiction.

33. Application of Act and Code to Court so invested as to two Courts.—

A Court invested with the jurisdiction of a Court of Small Causes with respect to the exercise of that jurisdiction, and the same Court with respect to the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, shall, for the purposes of this Act and the 1Code of Civil Procedure (14 of 1882), be deemed to be different Courts.

34. Modification of Code as so applied.—

Notwithstanding anything in the last two foregoing sections,—

(a) when, in exercise of the jurisdiction of a Court of Small Causes, a Court invested with that jurisdiction sends a decree for execution to itself as a Court having jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, or

(b) when a Court, in the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, sends a decree for execution to itself as a Court invested with the jurisdiction of a Court of Small Causes, the documents mentioned in 2 section 224 of the Code of Civil Procedure (14 of 1882) shall not be sent with the decree unless in any case the Court, by order in writing, requires them to be sent.

35. Continuance of proceedings of abolished Courts.—

(1) Where a Court of Small Causes, or a Court invested with the Jurisdiction of a Court of Small Causes, has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to the case, whether before or after decree, which, if the Court had not ceased to have jurisdiction, might have been had therein, may be had in the Court which, if the suit out of which the proceeding has arisen were about to be instituted, would have jurisdiction to try the suit.

(2) Nothing in this section applies to cases for which special provision is made in the 1Code of Civil Procedure (14 of 1882) as extended to Courts of Small Causes or in any other enactment for the time being in force.

36. [Amendment of Indian Limitation Act.] Rep.by the Indian Limitation Act, 1908 (9 of 1908), s. 32 and the Third Schedule.

37. Publication of certain orders.—

All orders required by this Act to be made in writing by the State Government shall be published in the Official Gazette.