37. General finality of decrees and orders of Small Cause Court.—Save as otherwise provided by
this Chapter or by any other enactment for the time being in force, every decree and order of the Small
Cause Court in a suit shall be final and conclusive.
STATE AMENDMENT
Maharashtra
Amendment of section 37 of Act XV of 1882.—In section 37 of the Presidency Small Cause Courts
Act, 1882 (XV of 1882), in its application to the State of Maharashtra (hereinafter to as “the principal
Act”), after the words “by this Chapter” the words “or by Chapter VII” shall be inserted.
[Vide Maharashtra Act XIX of 1976, s. 2]
38. New trial of contested cases.—Where a suit has been contested, the Small Cause Court may,
on the application of either party, made within eight days from the date of the decree or order in the
suit [not being a decree passed under section 522 of the 1Code of Civil Procedure (14 of 1882)], order
a new trial to be held, or alter, set aside or reverse the decree or order, upon such terms as it thinks
reasonable, and may, in the meantime, stay the proceedings.
Explanation.—Every suit shall be deemed to be contested in which the decree is made otherwise than
by consent of or in default of appearance by the defendant.
STATE AMENDMENT
Maharashtra
Amendment of section 38 of Act XV of 1882.—In section 38 of the principal act,--
(a) the Explanation shall be renumbered as Explanation 1;
(b) after Explanation I so renumbered, the following Explanation shall be added, namely:--
“Explanation 2.—Nothing contained in this section shall apply to suits under Chapter VII,”
[Vide Maharashtra Act XIX of 1976, s. 3]
39. Removal of certain causes into High Court.—(1) In any suit instituted in a Small Cause
Court in which the amount of value of the subject-matter exceeds the sum of one thousand rupees,
the defendant or any one of the defendants may, before the day fixed by the summons for the
appearance of the defendant or within eight days after the service of the summons on him, whichever
period shall last expire, apply ex parte on an affidavit setting forth the facts on which he relies for his
defence to a Judge of the High Court for an order removing the cause into the High Court.
2
[(2) Unless the Judge is of opinion that the application has been made solely for the purpose of delay,
the applicant shall be entitled to such order as of right:
Provided that the removal directed by such order shall, unless the Judge otherwise directs, be
conditional upon the applicant giving security, to the approval of the Judge, within a reasonable time to be
prescribed in the order for the payment of the amount claimed and of the costs which may become
payable by him to the plaintiff in respect of the said suit.]
1. Subs. by Act 1 of 1895, s. 13, for Chapter VI.
2. Subs. by Act 4 of 1906, s. 3, for sub-section (2).
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(3) If the applicant fail or neglect to complete the required security (if any) within the prescribed time
(if any), the said order shall be discharged and the suit shall proceed in the Small Cause Court as if such
order had never been made.
(4) If the plaintiff in any case which has been removed under this section into the High Court has
abandoned a portion of his claim in order to be able to bring the suit within the jurisdiction of a Small
Cause Court, he shall be permitted to revive the portion of his claim so abandoned.
40. Rules with respect to suits removed under the last foregoing section.—(1) When a suit
has been removed into the High Court under the last foregoing section, it shall be heard and disposed of
by such Court in the exercise of its original jurisdiction, and the said Court shall have all the same powers
and jurisdiction in respect thereof as if it had been originally instituted such Court.
(2) In every suit so removed as aforesaid the affidavit filed under section 39, sub-section (1), shall be
treated as a written statement of the defendant tendered under section 110 of the 1Code of Civil Procedure
(14 of 1882) unless the Court shall otherwise order.
(3) In every suit so removed as aforesaid credit shall be given to the plaintiff for the amount of the
court-fee paid in the Small Cause Court in respect of the plaint in the levy of any fees which according to
the practice of the High Court are payable to the Government.]