5. Courts of Small Causes established.—There shall be in each of the towns of Calcutta,
Madras and Bombay a Court, to be called the Court of Small Causes of Calcutta, Madras or Bombay, as
the case may be.
6. Court to be deemed under superintendence, etc., of High Court.—The Small Cause Court
shall be deemed to be a Court subject to the superintendence of the High Court of Judicature at Fort
William, Madras or Bombay, as the case may be, within the meaning of the Letters Patent,
respectively, dated the twenty eighth day of December, 1865, for such High Courts, and within the
meaning of the 4Code of Civil Procedure (14 of 1882) 5
[and to be a court subordinate to the High
Court within the meaning of section 6 of the Legal Practitioners Act, 1879 (18 of 1879)], and the
High Court shall have, in respect of the Small Cause Court, the same powers as it has under the
twenty-fourth and twenty-fifth of Victoria, Chapter 104, section 15, in respect of Courts subject
to its appellate jurisdiction.
1. For first Report of the Select Committee, see Gazette of India, 1881, Pt. V, p. 381; for further Report of the Select Committee,
see ibid., 1882, Pt. V., p. 3; for Proceedings in Council, see ibid., Supplement, 1880, pp 1394 and 1433; ibid., 1882,
Supplement, p. 204; and ibid.. 1882, Extra Supplement, p.43.
This Act has been amended in its local application by Bengal Acts 4 of 1922 and 20 of 1932, Bombay Act 5 of 1933
and Madras Acts 5 of 1916, 3 of 1922 and 3 of 1927, in Bombay by Bombay Act 11 of 1959, in Madras by Madras Act
9 of 1960, in its application to the City of Ahmedabad by Gujarat Act 19 of 1961, in Maharashtra by Maharashtra Acts
35 of 1961, and 19 of 1976, in West Bengal by West Bengal Act 32 of 1969, in Gujarat by Gujarat Acts 28 of 1973 and
31 of 1973.
2. The figures “1881” rep. were by Act 12 of 1891, s. 2 and I Schedule.
3. Added by Act 3 of 1899, s. 2.
4. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
5. Ins. by Act 1 of 1895, s. 2.
7
1
[7. Appointment of Judges.—There shall be appointed from time to time a Chief Judge of the Small
Cause Court and as many other Judges as the State Government thinks fit.]
STATE AMENDMENT
Maharashtra
Amendment of section 7 of Act XV of 1882.—In the Presidency Small Cause Courts act, 1882 (XV
of 1882), section 7 shall be renumbered as sub-section (1) of that section, and after sub-section (1) so
renumbered the following new sub-section shall be added, namely:--
“(2) The State Government may also appoint any person to be an additional Chief Judge; and the
Additional Chief Judge shall exercise such powers and perform such duties of the Chief Judge under this
Act or under any law for the time being in force as the State Government may direct.”
[Vide Bombay Act XV of 1966, s. 2]
8. Rank and precedence of Judges.—The Chief Judge shall be the first of the Judges in rank and
precedence.
The other Judges shall have rank and precedence as the State Government may, from time to time,
direct.
2
[8A. Performance of duties of absent Judge.—(1) During any absence of the Chief Judge or
any Judge of the said Court, or during the period for which any Judge is acting as Chief Judge, the
State Government may appoint any person, having 1
[the requisite qualifications], to act as Chief
Judge or Judge of the said Court, as the case may be.
(2) Every person so appointed shall be authorised to perform the duties of the Chief Judge or a
Judge of the said Court until the return of the absent Chief Judge or Judge, or of the Judge acting
as Chief Judge, or until the State Government sees cause to cancel the appointment of such acting
Chief Judge or Judge, as the case may be.]
3
[9. Procedure and practice of Small Cause Court.—(1) The High Court may, from time to time, by
rules having the force of law,—
(a) prescribe the procedure to be followed and the practice to be observed by the Small
Cause Court either in supersession of or in addition to any provisions which were prescribed
with respect to the procedure or practice of the Small Cause Court on or before the thirty-first
day of December, 1894, in or under this Act or any other enactment for the time being in
force; and
4
[(aa) empower the Registrar to hear and dispose of undefended suits and interlocutory
applications or matters; and]
(b) cancel or vary any such rule or rules.
Rules made under this section may provide, among other matters, for the exercise by one or more of
the Judges of the Small Cause Court of any powers conferred on the Small Cause Court by this Act or any
other enactment for the time being in force.
(2) The law, and any rules and declarations made, or purporting to be made, thereunder, with
respect to procedure or practice, in force or treated as in force in the Small Cause Court on the
thirty-first day of December, 1894, shall be in force, unless and until cancelled or varied by rules
made by the High Court under this section.]
1. Subs. by the A.O. 1937.
2. Subs. by Act 3 of 1899, s. 3, for section 8A.
3. Subs. by Act 1 of 1895, s. 5, for section 9.
4. Ins. by Act 3 of 1899, s. 4.
8
10. Chief Judge to distribute business of Court.—Subject to such rules, the Chief Judge may,
from time to time, make such arrangements as he thinks fit for the distribution of the business of
the Court among the various Judges thereof.
11. Procedure in case of difference of opinion.—Save as hereinafter otherwise provided, when
two or more of the Judges sitting together differ on any question, the opinion of the majority shall
prevail; and if the Court is equally divided, the Chief Judge, if he is one of the Judges so differing,
or, in his absence, the Judge first in rank and precedence of the Judges so differing, shall have the
casting voice.
STATE AMENDMENT
Maharashtra
Amendment of section 11 of Act XV of 1882.—In section 11 of the Presidency Small Causes
Courts Act, 1882 (hereinafter referred to as “the principal Act”), for the portion beginning with the
words “and if the Court is equally divided” and ending with the words “casting voice” the following
shall be substituted, namely:--
“and if the Court is equally divided, the Judged shall state the point upon which they differ,
and the case shall then to heard upon that point by another Judge nominated by the Chief Judge
and the point shall be decided, according to the opinion of the majority of the Judges, who have
heard the case, including those who first heard it.”
[Vide Maharashtra Act XXXV of 1961, s. 2]
12. Seal to be used.—The Small Cause Court shall use a seal of such form and dimensions as are for
the time being prescribed by the State Government.
1
[13. Appointment of Registrar and other officers.—There shall be appointed an officer to be
called the Registrar of the Court who shall be the chief ministerial officer of the Court; there shall also be
appointed a Deputy Registrar and as many clerks, bailiffs and other ministerial officers as may be
necessary for the administration of justice by the Court and for the exercise and performance of the
powers and duties conferred and imposed on it by this Act or any other law for the time being in force.
The Registrar and other officers so appointed shall exercise such powers and discharge such duties, of
a ministerial nature, as the Chief Judge may, from time to time, by rule direct.]
14. Registrar may be invested with powers of a Judge in suits not exceeding twenty
rupees.—The State Government may invest the Registrar with the powers of a Judge under this Act for
the trial of suits in which the amount or value of the subject-matter does not exceed twenty rupees. And,
subject to the orders of the Chief Judge, any Judge of the Small Cause Court may, whenever he thinks fit,
transfer from his own file to the file of the Registrar any suit which the latter is competent to try.
2
[Explanation.—For the purposes of this section an application for possession under section 41 shall
be deemed to be a suit.]
15. Judge or other officer not to practise or trade.—No Judge or other officer appointed
under this Act shall, during his continuance as such Judge or officer, either by himself or as a partner of
any other person, practise or act, either directly or indirectly, as an advocate, attorney, vakil or other legal
practitioner, or be concerned, either on his own account or for any other person, or as the partner of any
other person, in any trade or profession.
Any such Judge or officer so practising, acting or concerned shall be deemed to have committed an
offence under section 168 of the Indian Penal Code (45 of 1860).
1. Subs. by the A.O. 1937, for s. 13.
2. Added by Act 1 of 1895, s. 6.
9
Nothing herein contained shall be deemed to prohibit any such Judge or officer from being a member
of any company incorporated or registered under Royal Charter, Letters Patent,
1
[Act of Parliament of the
United Kingdom or Central Act or Provincial Act or 2
[State Act]].