23. [Portions of Civil Procedure Code extending to Court.] Rep. by the Presidency Small
Cause Courts Act, 1895,(1 of 1895), s. 12.
24. No written statement except in cases of set-off.—Except in cases of set-off under the
1Code of Civil Procedure (14 of 1882), section 111, no written statement shall be received
unless required by the Court.
25. Return of documents admitted in evidence.—When a period of eight days from the
decision of a suit has expired without any application for a new trial or re -hearing of such
suit having been made, or when any such application has been made within such period and
such application has been refused, or the new trial or re -hearing (as the case may be) has
ended, any person, whether a party to the suit or not, desirous of receiving back any
document produced by him in the suit and placed on the record, shall, unless the doc ument
is impounded under section 143 of the 1Code of Civil Procedure (14 of 1882), be entitled to
receive back the same:
Provided that a document may be returned at any time before any of such events on such
terms as the Court may direct: provided also tha t no document shall be returned which, by
force of the decree, has become void or useless.
On the return of a document which has been admitted in evidence, a receipt shall be
given, by the party receiving it, in a receipt-book to be kept for the purpose.
26. Compensation payable by plaintiff to defendant in certain cases.—In any suit in which
the defendant appears and does not admit the claim, and the plaintiff does not obtain a decree for
the full amount of his claim, the Small Cause Court may in its discretion order the plaintiff to pay
to the defendant, by way of satisfaction for his trouble and attendance, such sum as it thinks fit.
When any claim preferred, or objection made, under section 278 of the 3Code of Civil
Procedure (14 of 1882), is disallowed, the Small Cause Court may in its discretion order the
person preferring or making such claim or objection to pay to the decree -holder, or to the
judgment-debtor, or to both by way of satisfaction as aforesaid, such sum or sums as it thinks
fit.
And when any claim or objection is allowed the Court may award such compensation by way
of damages to the claimant or objector as it thinks fit; and the order of the Court awarding or refusing
such compensation shall bar any suit in respect of injury caused by the attachment.
Any order under this section may, in default of payment of the amount payable thereunder, be
enforced by the person in whose favour it is made against the person against whom it is made as if it were
a decree of the Court.
27. Decree-holder to accompany officer executing warrant.—Whenever the Small Cause
Court issues a warrant for the arrest of a judgment-debtor on the attachment of his property, the
decree-holder, or some other person on his behalf, shall accompany the officer of the Court
entrusted with the execution of such warrant, and shall point out to such officer the judgment-debtor
or the property to be attached, as the case may be.
28. Things attached to immovable property and removable by tenant to be deemed movable
in execution.—When the judgment-debtor under any decree of the Small Cause Court is a tenant of
immovable property, anything attached to such property, and which he might before the termination of
his tenancy lawfully remove without the permission of his landlord, shall, for the purpose of the
execution of such decree 2
[and for the purpose of deciding all questions arising in the execution of
such decree], be deemed to be movable property, and may, if sold in such execution, be severed by the
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. Ins. by Act 4 of 1906, s. 2.
13
purchaser, but shall not be removed by him from the property until he has done to the property
whatever the judgment-debtor would have been bound to do to it if he had removed such thing.
29. Discharge of judgment-debtor on sufficient security.—Whenever any judgment-debtor,
who has been arrested or whose property has been seized in execution of a decree of the Small
Cause Court, offers security to the satisfaction of such Court for payment of the amount which he
has been ordered to pay and the costs the Court, may order him to be discharged or the property to
be released.
30. Court may in certain cases suspend execution of decree.—Whenever it appears to the
Small Cause Court that any judgment-debtor under its decree is unable, from sickness, poverty or
other sufficient cause, to pay the amount of the decree, or, if such Court has ordered the same to be
paid in instalments, the amount of any instalment thereof, it may, from time to time, for such time
and upon such terms as it thinks fit, suspend the execution of such decree and discharge the debtor,
or make such order as it thinks fit.
31. Execution of decree of Small Cause Court by other Courts.—If the judgment-debtor under
any decree of the Small Cause Court has not, within the local limits of its jurisdiction, movable
property sufficient to satisfy the decree, the Court may, on the application of the decree-holder, send
the decree for execution—
(a) in the case of execution against immovable property situate within such local limits—1
[to the
Madras City Civil Court or the High Court of Judicature at Fort William or Bombay, as the case may
be];
(b) in all other cases—to any Civil Court within the local limits of whose jurisdiction such
judgment-debtor, or any movable or immovable property of such judgment-debtor, may be found.
Procedure when decree transferred.—The procedure prescribed by the 2Code of Civil Procedure
(14 of 1882) for the execution of decrees by Courts other than those which made them shall be the
procedure followed in such cases.
32. Minors may sue in certain cases as if of full age.—Notwithstanding anything contained in
the 2Code of Civil Procedure (14 of 1882) as applied by this Act, any minor may institute a suit for any
sum of money, not exceeding five hundred rupees, which may be due to him under section 70 of the
Indian Contract Act, 1872 (9 of 1872), for wages or piecework or for work as a servant, in the same
manner as if he were of full age.
33. Power to delegate non-judicial duties.—Any non-judicial or quasi-judicial act which
the 2Code of Civil Procedure (14 of 1882) as applied by this Act requires to be done by a Judge,
and any act which may be done by a Commissioner appointed to examine and adjust accounts
under section 394 of that Code as so applied, may be done by the Registrar of the Small Cause
Court or by such other officer of that Court as that Court may, from time to time, appoint in this
behalf.
The High Court may, from time to time, by rule, declare what shall be deemed to be non-judicial and
quasi-judicial acts within the meaning of this section.
34. Registrar to hear and determine suits like a Judge.—The suits cognizable by the Registrar
under section 14 shall be heard and determined by him in like manner in all respects as a Judge of the
Court might hear and determine the same:
Proviso.—Provided that, subject to the control of the Chief Judge, any Judge of the Court may,
whenever he thinks fit, transfer to his own file any suit on the file of the Registrar.
35. Registrar may execute all decrees with the same powers as a Judge.—The Registrar may
receive applications for the execution of decrees of any value passed by the Court, and may commit and
1. Subs. by Act 7 of 1892, s. 12, for “to the high court”.
2. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
14
discharge judgment-debtors, and make any order in respect thereof which a Judge of the Court might
make under this Act.
36. Decrees and orders of Registrar to be subject to new trial as if made by a Judge.—Every
decree and order made by the Registrar in any suit or proceeding shall be subject to the same provisions
in regard to new trial as if made by a Judge of the Court.