#THE PROVINCIAL SMALL CAUSE COURTS ACT, 1887 
____________ 

##ARRANGEMENT OF SECTIONS 
___________ 

###CHAPTER I 

###PRELIMINARY 

SECTIONS 

1. Title, extent and commencement. 
2. [Repealed.]. 
3. Savings. 
4. Definition. 

###CHAPTER II 

###CONSTITUTION OF COURTS OF SMALL CAUSES 

5. Establishment of Courts of Small Causes. 
6. Judge. 
7. Appointment of times of sitting in certain circumstances. 
8. Additional Judges. 
9. [Repealed.]. 
10. Power to require two Judges to sit as a bench. 
11. Decision in case heard by a bench. 
12. Registrar. 
13. [Repealed.]. 
14. Duties of ministerial officers. 

###CHAPTER III 

###JURISDICTION OF COURTS OF SMALL CAUSES 

15. Cognizance of suits by Courts of Small Causes. 
16. Exclusive jurisdiction of Courts of Small Causes. 

###CHAPTER IV 

###PRACTICE AND PROCEDURE 

17. Application of the Code of Civil Procedure. 
18. Trial of suits by Registrar. 
19. Admission, return and rejection of plaints by Registrar. 
20. Passing of decrees by Registrar on confession. 
21. Execution of decrees by Registrar. 
22. Adjournment of cases by chief ministerial officer. 
23. Return of plaints in suits involving questions of title.
24. Appeal from certain or ders of Courts of Small Causes. 
25. Revi si on of  decr ees and or der s of  Cour t s of S mal l  Causes. 
26. [Repealed.]. 
27. Finality of decrees and orders. 

###CHAPTER V 

###SUPPLEMENTAL PROVISIONS 

28. Subordination of Courts of Small Causes. 
29. Seal. 
30. Abolition of Courts of  Small Causes. 
31. Saving of power to appoint Judge of Court of Small Causes to other office. 
32. Application  of  Act  t o  Courts  invested  wi th  j urisdiction  of  Court  of  Small 
  Causes. 
33. Application of Act and Code to Court so invested as to two Courts. 
34. Modification of Code as so applied. 
35. Continuance of proceedings of abolished Courts. 
36. [Repealed.]. 
37. Publication of certain orders. 

THE FIRST SCHEDULE. — [ Repealed.] . 

THE  SECOND  SCHEDULE.—SUITS  EXCEPTED  FROM  THE  COGNIZANCE  OF A COURT  OF 
       SMALL CAUSES. 



#THE PROVINCIAL SMALL CAUSE COURTS ACT, 1887 

##ACT NO. 9 OF 1887
[^1]

[24th February, 1887.] 

An Act to consolidate and amend the law relating to Courts of Small Causes established beyond 
  the Presidency-towns. 

  WHEREAS it is expedient to consolidate and amend the law relating to Courts of Small Causes 
established beyond the local limits for the time being of the ordinary original civi l jurisdiction of 
the High Courts of Judicature at Fort William in Bengal and at Madras and Bombay; 

  It is hereby enacted as follows:— 

###CHAPTER I 

###PRELIMINARY 

1. **Title, extent and commencement.**—(1) This Act may be called the Provincial Small Cause Courts 
Act, 1887. 

  (2) It extends to the whole of India except the territories which, immediately before the 1st 
November, 1956, were comprised in Part B States; and 

  (3) It shall come into force on the first day of July, 1887. 

2. *[Repeal.]  Rep.  partly  by  the  Amending  Act,  1891  (12  of  1891),  s.  2  and  the  First 
Schedule and partly by the Repealing Act,  1938 (1 of 1938), s. 2 and the Schedule.*

3. **Savings.**—Nothing in this Act shall be construed to affect — 

  (a) any proceedings before or after decree in any suit instituted before the commencement of this 
Act; or 

  (b) The jurisdiction of a Magistrate under any law for the time being in force with respect 
to debts or other claims of a civil nature, or of village -munsifs or village-panchayats, under the 
provisions of the Madras Code, or of village-munsifs under the Dekkhan Agriculturists’ Relief 
Act, 1879 (17 of 1879); or 

  (c) any  local  law  or  any  special  law  other  than  the  Code  of  Civil  Procedure [^3]
(14 of 1882). 



[^1].  For  power  to  confer  upon  a  Subordinate  Judge  or  Munsif  in  Bengal,  the  Province  of  Agra  and  Assam,  the 
jurisdiction  of  a  Court  of  Small  Causes  under  this  Act,  see  the  Bengal,  Agra  and  Assam  Civil  Courts  Act,  1887 
(12 of 1887), s. 25. 

Ss. 15, 32, 37, 38, 39 and 40 of the Bengal, Agra and Assam Civil Courts Act, 1887 (12 of 1887), apply to 

Courts of Small Causes constituted under this Act,  see Act 12 of 1887, s. 40. 

The  powers  of  a  Court  of  Small  Causes  under  this  Act  have  been  conferred  upon  the  Courts  of  Sub -
divisional  Officers  of  the  Khondmals  and  Angul   Districts  by  section  13  of  Regulations  4  and  5  of  1936, 
respectively. 

The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955 and to the city of Ahmedabad 

by Gujarat Act 19 of 1961. 

The Act has been extended to and brough t into force in Dadra and Nagar Haveli  by Reg. 6 of 1963, s. 2 and 
First  Schedule  (w.e.f.  1-7-1965),  to  the  Union  territory  of  Lakshadweep  by  Reg.  8  of  1965,  s.  3  and  the 
Schedule (w.e.f. 1-10-1967) and to the Union territory of Pondicherry by Act 26 of 19 68, s. 3 and Schedule. 

The Act has been amended in its application to— 
Uttar  Pradesh  by  U.P.  Acts  17  of  1957  and  14  of  1970,  Madhya  Pradesh  by  Madhya  Pradesh  Act  19  of 
1958,  Bombay  by  Bombay  Act  87  of  1958,  West  Bengal  by  West  Bengal  Act  30  of  1972,  Punja b  by  Punjab 
Act  20  of  1975,  Haryana  by  Haryana  Act  27  of  1977  and  Himachal  Pradesh  by  Himachal  Pradesh  Act  4  of 
1970. 

[^3].  See now the Code of Civil Procedure, 1908 (Act 5 of 1908 ). 


 
4. **Definition.**—In  this  Act,  unless  there  is  something  repugnant  in  the  subject  or  context, 
“Court  of  Small Causes” means  a  Court  of Small Causes  constituted under  this  Act, and includes 
any person exercising jurisdiction under this Act in any such Court. 

###CHAPTER II 

###CONSTITUTION OF COURTS OF SMALL CAUSES 

5. **Establishment of Courts of Small Causes.**—(1) The State Government may, by order 
in writing, establish a Court of Small Causes at any place within the territories under its 
administration beyond the local limits for the time being of the ordinary original civil jurisdiction 
of a High Court of Judicature established in a Presidency-town. 

  (2) The  local  limits  of  the  jurisdiction  of  the  Court  of  Small  Causes  shall  be  such  as  the  State 
Government  may  define,  and  the  Court  may  be  held  at  such  place  or  places  within  those  limits  as  the 
State Government may appoint.

6. **Judge.**—When a Court of Small Causes has been established there shall be appointed, by order in 
writing, a Judge of the Court: 

  Provided that if the State Government so direct, the same person shall be the Judge of more than one 
such Court.

7. **Appointment of times of sitting in certain circumstances.**—(1) A Judge who is the 
Judge  of  two  or  more  such  Courts  may,  with  the  sanction  of  the  District  Court,  fix  the  times  at 
which he will sit in each of the Courts of which he is Judge. 

  (2) Notice of the times shall be published in such manner as the High Court from time to time directs. 

8. **Additional Judges.**—(1) If the State  Government so direct, there  may be  appointed, by 
order in writing, Additional Judges of a Court of Small Causes or of two or more such Courts.

  (2) An Additional Judge shall discharge such of the functions of the Judge of the Court or 
Courts as the Judge may assign to him, and in the discharge of those functions shall exercise the 
same powers as the Judge. 

  (3) The Judge may withdraw from an Additional Judge any business pending before him 

  (4) When the Judge is absent, the Senior Additional Judge may discharge all or any of the functions 
of the Judge. 

9. *[Suspension and removal of Judges.] Rep. by the A.O.* 1937.

10. **Power to require two Judges to sit as a bench.**—The  State  Government,  after 
consultation  with  the  High  Court,  may,  by  order  in  writing,  direct  that  two  Judges  of  Courts  of 
Small  Causes  or  a  Judge  and  an  Additional  Judge  of  a  Court  of  Small  Causes  shall  sit  together 
for  the  trial  of  such  class  or  classes  of  suits  or  applications  cognizable  by  a  Court  of  Small 
Causes as may be described in the order. 

11. **Decision in case heard by a bench.**—(1)  If  two  Judges,  or  a  Judge  and  an  Additional  Judge, 
sitting together under the last foregoing section, differ as to a question of law or usage having the force of 
law, or in construing a document the construction of which may affect the merits, they shall draw up 
and refer, for the decision of the High Court, a statement of the facts of the case and of the point 
on  which  they  differ  in  opinion,  and  the  provisions  of [^1]Chapter  XLVI  of  the  Code  of  Civil 
Procedure (14 of 1882) shall apply to the reference. 

  (2) If they differ on any matter other than a matter specified  in sub-section (1), the opinion 
of  the  Judge  who  is  senior  in  respect  of  date  of  appointment  as  Judge  of  a  Court  of  Small 
Causes, or, if one of them is an Additional Judge, then the opinion of the Judge sitting with him, 
shall prevail. 

  (3) For the purposes of sub-section (2), a Judge permanently appointed shall be deemed to be senior 
to an officiating Judge. 

[^2]12. **Registrar.**— (1) There may be appointed to a Court of Small Causes an officer to be called the 
Registrar of the Court.

  (2) Where a Registrar is appointed, he shall be the chief ministerial officer of the Court. 

  (3) The  State  Government  may,  by  order  in  writing,  confer  upon  a  Registrar,  within  the 
local  limits  of  the  jurisdiction  of  the  Court,  the  jurisdiction  of  a  Judge  of  a  Court  of  Small 
Causes for the trial of suits of which the value does not exceed twenty rupees. 

  (4) The Registrar shall try such suits cognizable by him as the Judge may, by general or special order, 
direct. 

13. *[Other ministerial officers.] Rep. by the A.O.* 1937. 

14. **Duties of ministerial officers.**—(1) The ministerial officers of a Court of Small Causes 
shall,  in  addition  to  any  duties  mentioned  in  this  Act,  or  in  any   other  enactment  for  the  time 
being in force, as duties which are or may be imposed on any of them, discharge such duties of 
a ministerial nature as the Judge directs. 

  (2) The  High  Court  may  make  rules  consistent  with  this  Act,  and  with  any  other  enactment 
for  the  time  being  in  force,  conferring  and  imposing  on  the  ministerial  officers  of  a  Court  of 
Small  Causes  such  powers  and  duties  as  it  thinks  fit,  and  regulating  the  mode  in  which  powers 
and duties so conferred and imposed are to be exercised and performed. 

###CHAPTER III 

###JURISDICTION OF COURTS OF SMALL CAUSES 

15. **Cognizance of suits by Courts of Small Causes.**—(1) A Court of Small Causes shall not take 
cognizance of the suits specified in the second schedule as suits excepted from the cognizance of a Court 
of Small Causes. 

  (2) Subject  to  the  exceptions  specified  in  that  schedule  and  to  the  provisions  of  any 
enactment for the time  being in force, all suits  of a civil nature  of whi ch the  value does  not 
exceed five hundred rupees shall be cognizable by a Court of Small Causes. 

  (3) Subject as aforesaid, the State Government may, by order in writing, direct that all suits of a civil 
nature of which the value does not exceed one thousand rupees shall be cognizable by a Court of Small 
Causes mentioned in the order.

[^1]. See now ss. 113 and 115 and the First Schedule, Order XLVI, of the Code of Civil Procedure,  1908 (Act 5 of 1908). 
[^2]. This section has been amended in its application to the Bombay Presidency by the Provincial Small Cause Courts (Bombay 
Amendment) Act, 1930 (Bom. 6 of 1930), s. 2. 
 
 
 
16. **Exclusive jurisdiction of Courts of Small Causes.**—Save  as  expressly  provided  by  this 
Act or by any other enactment for the time being in force, a suit cognizable by a Court of Small 
Causes  shall  not  be  tried  by  any  other  Court  having  jurisdiction  within  the  local  limits  of  the 
jurisdiction of the Court of Small Causes by which the suit is triable. 

###CHAPTER IV 

###PRACTICE AND PROCEDURE 

17. **Application of the Code of Civil Procedure.**—(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 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 realised in manner provided by section 145 of the Code of Civil Procedure, 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 cause 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 authori sed 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 
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,  havi ng  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  di sproof  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  section  57  of  the  Code  of  Civil  Procedure 
(14  of  1882) [^2] 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.  d ecree  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. 

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. 

[^1]. See now the Indian Limitation Act, 1963 (36 of 1963). 
[^2]. Sec now the Code of Civil P rocedure, 1908 (Act 5 of 1908), Sch. I, Order V II, rule 10. 

 

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. 

###CHAPTER V 

###SUPPLEMENTAL PROVISIONS 

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  Co urt  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 admi nistered 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 are 
prescribed by the State Government. 

30. **Abolition of Courts of Small Causes.**—The State Government may, by order in 
writing, abolish a Court of Small Causes. 

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 the appointment of a 
person who  is  a  Judge  or Additional Judge of a Court of Small Causes to  be  also  a  Judge 
of any other Civil 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. 

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 [^1]Code 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 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 [^1]Code 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. 

*THE FIRST SCHEDULE.—[Enactments repealed.] Rep. by the Amending Act*, 1891 (12 of 1891), s. 2 
*and the First Schedule.*

[^1]. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 




[^1]
###THE SECOND SCHEDULE 

###SUITS EXCEPTED FROM THE COGNIZANCE OF A COURT OF SMALL CAUSES 

*(See* section 15) 

  (1)  A  suit  concerning  any  act  done  or  purporting  to  be  done  by  or  by  order  of  the 
Central Government, the Crown Representative or the State Government;

  (2) a  suit  concerning  an  act  purporting  to  be  done  by  any  person  in  pursuance  of  a 
judgment  or  order of a Court or of a judicial officer acting in  the  execution  of  his 
office; 

  (3) a  suit  concerning  an  act  or  order  purporting  to  be  done  or  made  by  any  other  officer  of  the 
Government in his official capacity, or by a Court of Wards, or by an officer of a  Court of Wards in the 
execution of his office; 

  (4) a  suit  for  the  possession  of  immovable  property  or  for  the  recovery  of  an  interest  in 
such property; 

  (5) a suit for the partition of immovable property; 

  (6) a  suit  by  a  mortgagee  of  immovable  property  for  the  foreclosure  of  the  mortgage  or 
for the sale of the property, or by a mortgagor of immovable property for the redemption of 
the mortgage; 

  (7) a  suit  for  the  assessment,  enhancement,  abatement  or  apportionme nt  of  the  rent  of 
immovable property; 

  (8) a  suit for the recovery of rent,  other  than  house -rent,  unless the Judge  of  the  Court 
of  Small  Causes  has  been  expressly  invested  by  the  State  Government  with  authority  to 
exercise jurisdiction with respect thereto ; 

  (9) a suit concerning the liability of land to be assessed to land -revenue; 

  (10) a suit to restrain waste; 

  (11) a  suit  for  the  determination  or  enforcement  of  any  other  right  to  or  interest  in 
immovable property; 

  (12) a  suit  for  the  possession  of  an  hereditary  office  or  of  an  interest  in  such  an  office, 
including  a  suit  to  establish  an  exclusive  or  periodically  recurring  right  to  discharge  the 
functions 

  of an office; 

  (13) a  suit  to  enforce  payment  of  the  allowance  or  fees  respectively  called  malikana 
and  hakk,  or  of  cesses  or  other  dues  when  the  cesses  or  dues  are  payable  to  a  person  by 
reason  of  his  interest  in  immovable  property  or  in  an  hereditary  office  or  in  a  shrine  or 
other religious institution; 

  (14) a  suit  to  recover  from  a  person  to  whom  compensation  has  been  paid  under  the 
[^3]Land Acquisition Act, 1870  (1 of 1870), the whole or any part of the compensation; 

  (15) a suit for the specific performance  or rescission of a contract; 

  (16) a suit for the rectification or cancellation of an instrument; 



[^1]. This Schedule has been amended in its application  to the Bombay Presidency by s. 2 of the Provincial Small Cause 
Courts  (Bombay  Amendment)  Act,  1930  (Bom.  6  of  1930):  and  by  s.  2  of  the  Provincial  Small  Cause  Courts  
(Bombay Amendment) Act, 1932 (Bom. 9 of 1932). 
[^3]. See now the Land Acquisition Act, 1894 (1 of 1894). 



  (17) a suit to obtain an injunction; 

  (18) a suit relating to a trust, including a suit to make good out of the general estate of 
a  deceased  trustee  the  loss  occasioned  by  a  breach  of  trust,  and  a  suit  by  a  co-trustee  to 
enforce against the estate of a deceased trustee a claim for contribution; 

  (19) a suit for a declaratory decree, not being a suit instituted under [^1]section 283 or section 332 of 
the [^1]Code of Civil Procedure (14 of 1882); 

  (20) a  suit instituted under section 283 or section 332 of the [^1]Code of Civil Procedure 
(14 of 1882); 

  (21) a  suit  to  set  aside  an  attachment  by  a  Court   or  a  revenue -authority, or a  sale, 
mortgage, lease or other transfer by a Court or a revenue -authorit y or by a  guardian; 

  (22) a suit for property which the plaintiff has conveyed while insane; 

  (23) a  suit  to  alter  or  set  aside a decision, decree or order of a Court or of a person acting  in  a 
judicial capacity; 

  (24) a suit to contest an award; 

  (25) a suit upon a foreign judgment as defined in the [^1]Codc of Civil Procedure (14 of 1882) or upon 
a judgment obtained in India; 

  (26) a  suit  to  compel  a  refund of assets improperly distributed under section [^3]295 of 
the Code of Civil Procedure (14 of 1882); 

  (27) a suit under the [^4]Indian Succession Act, 1865 (10 of 1865), section 320 or section 321, or under 
the [^4]Probate and Administration Act, 1881 (5 of 1881), section 139 or section 140, to compel a refund by 
a person to whom an executor or administrator has paid a legacy or distributed assets; 

  (28) a  suit  for  a  legacy  or  for  the  whole  or  a  share  of  a  residue  bequeathed  by  a 
testator, or for the whole or a share of the property of an intestate; 

  (29) a suit— 

     (a) for  a  dissolution  of  partnership  or  for  the  wind ing  up  of  the  business  of  a 
partnership after its dissolution; 

     (b) for an account of partnership-transactions; or 

     (c) for a balance of partnership-account, unless the balance has been struck by the parties or their 
agents; 

  (30) a suit for an account of property and for its due administration under decree; 

  (31) any other suit for an account, including a suit by a mortgagor, after the mortgage has 
been  satisfied,  to  recover  surplus  collections  received  by  the  mortgagee, and a suit for the 
profits on immovable property belonging to the plaintiff which have been wrongfully received 
by the defendant; 

  (32) a suit for a general average loss or for salvage; 

  (33) a suit for compensation in respect of collision between ships; 

  (34) a suit on a policy of insurance or for the recovery of any premium paid under any such 
policy; 

  (35) a suit for compensation— 
     (a) for loss occasioned by the death of a person caused by actionable wrong; 



[^1]. See now the Code of Civil Procedure, 1908 (Act 5 of 1908) Sch. 1, Order XXI, rules 63 and 100, respectively. 
[^3]. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 73. 
[^4]. See now the Indian Succession Act, 1925 (39 of 1925), ss. 360 and 361. 


 
  (b) for wrongful arrest, restraint or confinement; 

  (c) for malicious prosecution; 

  (d) for libel; 

  (e) for slander; 

  (f) for adultery or seduction; 

  (g) for breach of contract of betrothal or promise of marriage; 

  (h) for inducing a person to break a contract made with the plaintiff; 

  (i) for obstruction of an easement or diversion of a water-course; 

     (ii) for  an  act which is, or, save for the provisions of Chapter IV  of  the  Indian 
Penal  Code  (45  of  1860),  would  be,  an  offence  punishable  under  Chapter  XVII  of  the 
said Code;

  (j) for  illegal,  improper  or  excessive  distress,  attachment  or  search,  or  for  trespass 
committed in, or damage caused by, the illegal or improper execution of any distress, search or 
legal process;

  (k) for improper arrest under Chapter XXXIV of the [^3]Code of Civil Procedure (14 of 1882) 
or  in  respect  of  the  issue  of  an  injunction  wrongfully  obtained  under  Chapter  XXXV  of  that 
[^3]Code; or 

  (l) for  injury  to  the  person  in  any  case  not  specified  in  the  foregoing  sub-clauses  of  this 
clause; 

  (36) a suit by a Muhammadan for exigible (mu’ajjal) or deferred (mu’waijal) dower; 

  (37) a  suit  for  the  restitution  of  conjugal  rights, for  the  custody  of  a  minor,  or  for  a 
divorce;. 

  (38) a suit relating to maintenance; 

  (39) a  suit  for  arrears  of  land-revenue,  village-expenses  or  other  sums  payable  to  the 
representative of a village -community or to his heir or other successor in title; 

  (40) a suit for profits payable by the representative of a village-community or by his heir or other 
successor in title after payment of land-revenue, village-expenses and other sums; 

  (41)  a suit for contribution by  a sharer in joint  property in respect  of  a payment  made by 
him  of  money  due  from  a  co-sharer,  or  by  a  manager  of  joint  property,  or  a  member  of  an 
undivided family in respect of a payment made by him on account of the property or family; 

  (42) a suit by one of  several joint mortgagors of immovable property for contribution in 
respect of money paid by him for the redemption of the mortgaged property; 

  (43) a suit against the Government to recover  money  paid under protest in satisfaction of 
a  claim  made  by  a  revenue-authority  on  account  of  an  arrear  of  land-revenue  or  of  a  demand 
recoverable as an arrear of land-revenue; 

  (43A) a suit to recover property obtained by an act which is, or, save for the provisions of Chapter 
IV of the Indian Penal Code (45 of 1860), would be, an offence punishable under  Chapter XVII of the 
said Code;) 

  (44) a suit, the cognizance whereof by a Court of Small Causes is barred by any enactment for the 
time being in force. 
__________ 


3. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I. Orders XXXVIII and XXXIX respectively and 
s. 95. 