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)].
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 caus e 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
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.
8
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 sent
-
to 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.
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.
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].
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 :—
1. See now the Indian Limitation Act, 1963 (36 of 1963).
2. Sec now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I, Order VII, rule 10
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.
9
“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]
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.