THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882 

__________ 

ARRANGEMENT OF SECTIONS 

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CHAPTER I  
PRELIMINARY 

PREAMBLE 

SECTIONS 

1.  Short title. 

Commencement. 

2. 

[Repealed.]. 

3.  

[Repealed.]. 

4. 

“Small Cause Court” and “Registrar” defined. 

CHAPTER II 

CONSTITUTION AND OFFICERS OF THE COURT 

5.  Courts of Small Causes established. 

6.  Court to be deemed under superintendence, etc., of High Court. 

7.  Appointment of Judges. 

8.  Rank and precedence of Judges.  

8A. Performance of duties of absent Judge. 

9.  Procedure and practice of Small Cause Court. 

10.  Chief Judge to distribute business of Court. 

11.  Procedure in case of difference of opinion. 

12.  Seal to be used. 

13.  Appointment of Registrar and other officers. 

14.  Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees. 

15.  Judge or other officer not to practise or trade. 

CHAPTER III 

LAW ADMINISTERED BY THE COURT 

16.   Questions arising in suits, etc., under Act to be decided according to law administered by High 

Court. 

SUBJECT TO VERIFICATION  

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CHAPTER IV 

JURISDICTION IN RESPECT OF SUITS 

SECTIONS 

17.  Local limits of jurisdiction of Court. 

18.  Suits in which Court has jurisdiction. 

  18A.  Plaintiff may abandon suit against defendant resident out of jurisdiction. 

19.  Suits in which Court has no jurisdiction. 

  19A.   Return of plaint. 

20.  Court may by consent try suits beyond pecuniary limits of jurisdiction. 

21.  Suits by and against officers of Court. 

22.  Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court. 

CHAPTER V 

PROCEDURE IN SUITS 

23.  [Repealed.] 

24.  No written statement except in cases of set-off. 

25.  Return of documents admitted in evidence. 

26.  Compensation payable by plaintiff to defendant in certain cases. 

27.  Decree-holder to accompany officer executing warrant. 

28.  Things attached to immovable property and removable by tenant to be deemed movable 

in execution. 

29.  Discharge of judgment-debtor on sufficient security. 

30.  Court may in certain cases suspend execution of decree. 

31.  Execution of decree of Small Cause Court by other Courts. 

Procedure when decree transferred. 

32.  Minors may sue in certain cases as if of full age. 

33.  Power to delegate non-judicial duties. 

34.  Registrar to hear and determine suits like a Judge. 

Proviso. 

35.  Registrar may execute all decrees with the same powers as a Judge. 

36.  Decrees and orders of Registrar to be subject to new trial as if made by a Judge. 

CHAPTER VI 

NEW TRIALS AND APPEALS 

37.  General finality of decrees and orders of Small Cause Court. 

38.  New trial of contested cases. 

39.  Removal of certain causes into High Court. 

40.  Rules with respect to suits removed under the last foregoing section. 

CHAPTER VII 

RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY 

41.  Summons against person occupying property without leave. 

42.  Service of summons. 

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SECTIONS 

43.  Order for possession. 

44.  Such order to justify bailiff entering on property and giving possession.  

Bar to proceedings against Judge or officer for issuing, etc., order or summons. 

45.  Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings. 

Occupant may sue for compensation. 

46.  Liability of applicant obtaining order when not entitled. 
Application for order in such case an act of trespass. 

47.  Stay of proceedings on occupant giving security to bring suit against applicant. 

48.  Proceedings to be regulated by Code of Civil Procedure. 

49.  Recovery of possession no bar to suit to try title. 

CHAPTER VIII  
DISTRESSES 

50.  Local extent of Chapter.  

Saving of certain rents. 

51.  Appointment of bailiffs and appraisers. 

52.  Appointees to be public servants. 

53.  Application for distress-warrant. 

54.  Issue of distress-warrant. 

55.  Time for distress. 

56.  What places bailiff may force open. 

57.  Property which may be seized. 

58.  Impounding distress. 

59.  Inventory. 

Notice of intended appraisement and sale. 

Copies of inventory and notice to be filed. 

60.  Application to discharge or suspend warrant. 

61.  Claim to goods distrained made by a stranger. 

62.  Power to award compensation to debtor or claimant. 

63.  Power to transfer to High Court cases involving more than one thousand rupees. 

64.  Appraisement.  
Notice of sale. 

65.  Sale. 

Application of proceeds. 

66.  Costs of distresses. 

67.  Account of costs and proceeds. 

68.  Bar of distresses except under this Chapter.  
Penalty for making illegal distresses. 

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CHAPTER IX 

REFERENCES TO HIGH COURTS 

SECTIONS 

69.  Reference when compulsory. 

70.  Security to be furnished on such reference by party against whom contingent judgment 

given. 

If no such security given, party to be deemed to have submitted to judgment. 

CHAPTER X  
FEES AND COSTS 

71.  Institution-fee. 

72.  Fees for processes. 

73.  Repayment of half-fees on settlement before hearing. 

74.  Fees and costs of poor persons. 

75.  Power to vary fees. 

76.  Expense of employing legal practitioners. 

77.  Sections 3, 5 and 25 of Court-fees Act, 1870, saved. 

CHAPTER XI 

MISCONDUCT OF INFERIOR MINISTERIAL OFFICERS 

78.  [Repealed.]. 

79.  Default of bailiff or other officer in execution of order or warrant. 

80.  Extortion or default of officers. 

81.  Court empowered to summon witnesses, etc. 

82.  Enforcement of order. 

CHAPTER XII 

CONTEMPT OF COURT 

83.  [Repealed.]. 

84.   [Repealed.]. 

85.  [Repealed.]. 

86.   [Repealed.]. 

87.  Imprisonment or committal of person refusing to answer or produce document. 

88.  Appeal from orders under section 87. 

CHAPTER XIII  
MISCELLANEOUS 

89.  Persons by whom process may be served. 

90.  Registers and returns. 

91.  Court to furnish records, etc., called for by State Government or High Court. 

92.  Holidays and vacations. 

93.  Certain persons exempt from arrest by Court. 

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SECTIONS 

94.  No suit to lie upon decree of Court. 

95.  Place of imprisonment. 

96.  Tender in suit for anything done under Act. 

97.  Limitation of prosecutions. 

THE FIRST SCHEDULE.—[Repealed.]. 

THE SECOND SCHEDULE. —[Repealed.]. 

THE THIRD SCHEDULE.—FORMS OF AFFIDAVIT, WARRANT, INVENTORY, ETC. 

THE FOURTH SCHEDULE .—FEES FOR SUMMONSES AND OTHER PROCESSES. 

5 

 
 
THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882 
ACT NO. 15 OF 18821 

An  Act  to  consolidate  and  amend  the  law  relating  to  the  Courts  of  Small  Causes  established  in  the 

Presidency towns. 

Preamble.—WHEREAS  it  is  expedient  to  consolidate  and  amend  the  law  relating  to  the 
Courts of Small Causes established in the towns of Calcutta, Madras  and Bombay; it is hereby 
enacted as follows:—  

[17th March, 1882.] 

CHAPTER I  
PRELIMINARY 

1.  Short  title,  Commencement.—This Act may be called the Presidency Small Cause Courts Act, 

1882; and it shall come into force on the first day of July, 1882. 

But nothing herein contained shall affect the provisions of the Army Act,  2*** (44 & 45 
Vict.,  c.  58)  section  151,  or  the  rights  or  liabilities  of  any  person  under  any  decree  passed 
before that day. 

2.  [Repeal  of  enactments.]—Rep.  by  the  Repealing  Act,  1938  (1  of  1938),  s.  2  and  the 

Schedule. 

3. [Amendment of Acts.]—Rep. by s. 2 and Schedule, ibid. 

4.  “Small  Cause  Court”  and  “Registrar”  defined.—In  this  Act,  “the  Small  Cause  Court” 
means the Court of Small Causes constituted under this Act in the town of Calcutta, Madras or Bombay, 
as the case may be, 3[and the expression “Registrar” includes a Deputy Registrar]. 

CHAPTER II 

CONSTITUTION AND OFFICERS OF THE COURT 

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 Judi cature at Fort. 
William,  Madras  or  Bombay,  as  the  case  may  be,  within  the  meaning  of  the  Letters  Patent, 
respectively, dated the 28th 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 19 59, 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. by Act 12 of 1891, s. 2 and the First 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. 

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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.] 

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 Judges, 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 C ourt 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.] 

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. 

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. 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. Added by Act 3 of 1899, s. 4. 

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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’s  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). 

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, 3[Act of Parliament of the 
United Kingdom or Central Act or Provincial Act or 4[State Act]]. 

CHAPTER III 

LAW ADMINISTERED BY THE COURT 

16.  Questions  arising  in  suits,  etc.,  under  Act  to  be  decided  according  to  law 
administered by High Court.—All questions, other than questions relating to procedure or practice, 
which arise in suits or other proceedings under this Act in the Small Cause Court shall be dealt with and 
determined according to the law for the time being administered by the High Court in the exercise of its 
ordinary original civil jurisdiction. 

CHAPTER IV 

JURISDICTION IN RESPECT OF SUITS 

17.  Local  limits  of  jurisdiction  of  Court.—The  local  limits  of  the  jurisdiction  of  each  of 
the Small Cause Courts shall be the local limits for the time being of the ordinary original civil 
jurisdiction of the High Court. 

18.  Suits  in  which  Court  has  jurisdiction. —Subject  to  the  exceptions  in  section  19, 
the  Small  Cause  Court  shall  have  jurisdiction  to  try  all  suits  of  a  civil  nature —

1. Subs. by the A.O. 1937, for s. 13. 
2. Added by Act 1 of 1895, S. 6. 
3. Subs. by the A.O. 1950, for certain words. 
4. Subs. by the A.O. (No. 2) 1956, for “Act of the Legislature of a Part A State or a Part C State”.  

8 

 
 
                                                      
 
when the amount or value of the subject-matter does not exceed two thousand rupees; and—  

(a) the cause of action has arisen, either wholly or in part, within the local limits of the jurisdiction 
of the Small Cause Court, and the leave of the Court has, for reasons to be recorded by it in writing, 
been given before the institution of the suit; or 

(b) all the defendants, at the time of the institution of the suit, actually and voluntarily reside, or 

carry on business, or personally work for gain, within such local limits; or 

(c)  any  of  the  defendants  at  the  time  of  the  institution  of  the  suit,  actually  and  voluntarily 
resides, or carries on business, or personally works for gain, within such local limits, and either 
the leave of the Court has been given before the institution of the suit, or the defendants who do 
not  reside,  or  carry  on  business,  or  personally  work  for  gain,  as  aforesaid,  acquiesce  in  such 
institution: 
1[Provided that where the cause of action has arisen wholly within the local limits aforesaid, and the 
Court  refuses  to  give  leave  for  the  institution  of  the  suit,  it  shall  record  in  writing  its  reason  for  such 
refusal.] 

Explanation I.—When in any suit the sum claimed is, by a set-off admitted by both parties, reduced to 
a balance not exceeding two thousand rupees, the Small Cause Court shall have jurisdiction to try such 
suit. 

Explanation  II.—Where  a  person  has  a  permanent  dwelling  at  one  place  and  also  a  lodging  at 
another place for a temporary purpose only, he shall be deemed to reside at both places in respect of 
any cause of action arising at the place where he has such temporary lodging. 

Explanation III.—A Corporation or Company shall be deemed to carry on business at its sole 
or principal office in  2[India], or, in respect of any cause of action arising at any place where it 
has also a subordinate office, at such place. 

3[18A. Plaintiff may abandon suit against defendant resident out of jurisdiction.—The Small 
Cause Court may allow a plaintiff at or before the first hearing of a suit in which a joint and several 
liability is alleged on a cause of action arising either wholly or in part within the local limits of the 
jurisdiction of the Court to abandon the suit as against any defendant who does not reside or carry on 
business  or  personally  work  for  gain  within  such  local  limits,  and  to  sue  for  a  decree  again st  such 
defendants only as do so reside, carry on business or personally work for gain.]  

19.  Suits  in  which  Court  has  no  jurisdiction.—The  Small  Cause  Court  shall  have  no  jurisdiction 

in—  

(a)  suits concerning the assessment or collection of the revenue;  
4[(b)  suits  concerning  any  act  done  by  or  by  order  of  the  Central  Government, 5***  or  the  State 

Government;] 

(c)  suits concerning any act ordered or done by any Judge or judicial officer in the execution of his 
office,  or  by  any  person  in  pursuance  of  any  judgment  or  order  of  any  Court  or  any  such  Judge  or 
judicial officer; 

(d) suits for the recovery of immovable property; 

(e) suits for the partition of immovable property; 

(f) suits for the foreclosure or redemption of a mortgage of immovable property;  

1. Added by Act 1 of 1895, s. 7. 
2. Subs. by the A.O. (No. 2) 1956, for “a Part A State or a Part C State”. 
3. Added by Act 1 of 1895, s. 8. 
4. Subs. by the A.O. 1937. 
5. The words “the Crown Representative” omitted by the A.O. 1950. 

9 

 
                                                      
 
(g) suits for the determination of any other right to or interest in immovable property;  

(h) suits for the specific performance or rescission of contracts;  

(i) suits to obtain an injunction; 

(j) suits for the cancellation or rectification of instruments; 

(k) suits to enforce a trust; 

(l) suits for a general average loss and suits on policies of insurance on sea going vessels;  

(m) suits for compensation in respect of collisions on the high seas;  

(n) suits for compensation for the infringement of a patent, copyright or trade-mark; 

(o) suits for a dissolution of partnership or for an account of partnership-transactions; 

(p) suits for an account of property and its due administration under the decree of the Court; 

(q) suits for compensation for libel, slander, malicious prosecution, adultery or breach of promise 

of marriage; 

(r) suits for the restitution of conjugal rights  1*** or for a divorce; 

(s) suits for declaratory decrees; 

(t) suits for possession of a hereditary office; 

(u) suits against Sovereign Princes or Ruling Chiefs, or against Ambassadors or Envoys of Foreign 

States; 

(v) suits on any judgment of a High Court;  

(w) suits the cognizance whereof by the Small Cause Court is barred by any law for the time being 

in force. 
2[19A.  Return  of  plaint.—Whenever  the  Court  finds  that  for  want  of  jurisdiction  it  cannot 
finally determine the question at issue in the suit, it may at any stage of the proceedings return the 
plaint to be presented to a Court having jurisdiction to determine the question. When the Court so  
returns  a  plaint,  it  shall  comply  with  the  provisions  of  the  second  paragraph  of  section  57  of  the 
3Code  of  Civil  Procedure  (14  of  1882)  and  make  such  order  with  respect  to  costs  as  it  may  think 
just,  and  the  Court  shall  for  the  purposes  of  the  Indian  Limitation  Act,  1877  (15  of  1877)  be 
deemed to have been unable to entertain the suit by reason of defect of jurisdiction. When a plaint 
so  returned  is  afterwards  presented  to  a  High  Court,  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 credited to the Government.]  

20.  Court  may  by  consent  try  suits  beyond  pecuniary-limits  of  jurisdiction.—When  the 
parties  to  a  suit,  which,  if  the  amount  or  value  of  the  subject-matter  thereof  did  not  exceed  two 
thousand rupees, would be cognizable by the Small Cause Court, have entered into an agreement in 
writing  that  the  Small  Cause  Court  shall  have  jurisdiction  to  try  such  suit,  the  Court  shall  have 
jurisdiction to try the same, although the amount or value of the subject -matter thereof may exceed 
two thousand rupees. 

Every such agreement shall be filed in the Small Cause Court, and, when so filed, the parties to 

it shall be subject to the jurisdiction of the Court, and shall be bound by its decision in such suit.  

1. The words “for the recovery of a wife” rep. by Act 10 of 1914, s. 3 and  the Second Schedule. 
2. Added by Act 1 of 1895, s. 9. 
3. See now the relevant provision of the Code of Civil Procedur e, 1908 (Act 5 of 1908). 

10 

 
                                                      
 
21.  Suits  by  and  against  officers  of  Court.—All  suits  to  which  an  officer  of  the  Small  Cause            

Court is, as such, a party, except suits in respect of p roperty taken in execution of its process, 
or  the  proceeds  or  value  thereof  1[and  all  suits  whereof  the  amount  or  value  of  the  subject -
matter exceeds one thousand rupees] may be instituted in the High Court at the election of the 
plaintiff as if this Act had not been passed. 

22.  Costs  when  plaintiff  sues  in  High  Court  in  other  cases  co gnizable  by  Small  Cause 
Court.—If any suit cognizable by the Small Cause Court other than a suit to which section 21 
applies, is instituted in the High Court, and if in such  suit the plaintiff obtains, in the case of a 
suit  founded  on  contract,  a  decree  for  any  matter  of  an  amount  or  value  less  than  2 [one 
thousand]  rupees,  and  in  the  case  of  any  other  suit  a  decree  for  any  matter  of  an  amount  or 
value of less than three hundred rupees, no costs shall be allowed to the plaintiff;  

and if in any such suit the plaintiff does not obtain a decree, the defendant shall be entitled to his costs as 
between attorney and client. 

The foregoing rules shall not apply to any suit in which the Judge who tries the same certifies that it 

was one fit to be brought in the High Court. 

CHAPTER V 
PROCEDURE IN SUITS 

23. [Portions of Civil Procedure Code extending to Court. ] Rep. by Presidency small cause 

courts Act 1 of 1895, s. 12. 

24.  No  written  statement  except  in  cases  of  set-off.—Except in cases of set-off under the 
3Code  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  r e-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  document 
is impounded under section 143 of the  3Code 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  that  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. 

1. Ins. by Act 1 of 1895, s. 10. 
2. Subs. by s. 14, ibid., for “two thousand”.  
3. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 

11 

 
                                                      
 
And when any claim or objection is allowed the Court may awar d 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—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 1[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 
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—2[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 3Code  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 
3Code 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 

1. Ins. by Act 4 of 1906, s. 2. 
2. Subs. by Act 7 of 1892, s. 12, for “to the high court”. 
3. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 

12 

 
                                                      
 
Contract Act, 1872 (9 of 1872), for wages or piece work 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 
1Code of Civil Procedure (14 of 1882) as applied by this Act requires to be done by a Ju dge, 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 
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. 

2[CHAPTER VI 
NEW TRIALS AND APPEALS 

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. 

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. 

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. 

3[(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: 

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 
2. Subs. by Act 1 of 1895, s. 13, for Chapter VI. 
3. Subs. by Act 4 of 1906, s. 3, for sub -section (2). 

13 

 
                                                      
 
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.] 

(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.] 

CHAPTER VII 

RECOVERY OF POSSESSION OF IMMOVEABLE PROPERTY 

41.  Summons  against  person  occupying  property  without  leave.  —  When  any  person  has 
had  possession  of  any  immovable  property  situate  within  the  local  limits,  of  the  Small  Cause 
Court’s jurisdiction and of which the annual value at a rack-rent does not exceed 2[two] thousand 
rupees, as the tenant, or by permission, of another person, or of some person through whom such 
other person claims, 

and such tenancy or permission has determined or been withdrawn,  

and such tenant or occupier or any person holding under or by assignment from him (hereinafter called 
the occupant) refuses to deliver up such property in compliance with a request made to him in this behalf 
by such other person, 

such  other  person  (hereinafter  called  the  applicant)  may  apply  to  the  Small  Cause  Court  for  a 
summons  against  the  occupant,  calling  upon  him  to  show  cause,  on  a  day  therein  appointed,  why  he 
should not be compelled to deliver up the property. 

42.  Service  of  summons.—The  summons  shall  be  served  on  the  occupant  in  the  manner 

provided by the 1Code of Civil Procedure (14 of 1882) for the service of a summons on a defendant. 

43. Order for possession.—If the occupant does not appear at the time appointed and show cause 
to the contrary, the applicant shall, if the Small Cause Court is satisfied that he is entitled to apply under 
section 41, be entitled to an order addressed to a bailiff of the Court directing him to give possession  of 
the property to the applicant on such day as the Court thinks fit to name in such order. 

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 
2. Subs. by Act 9 of 1912, s. 2, for “one”. 

14 

 
                                                      
  
Explanation.—If the occupant proves that the tenancy was created or permission granted by virtue of 
a title which determined previous to the date of the application, he shall be deemed to have shown cause 
within the meaning of this section. 

44.  Such  order  to  justify  bailiff  entering  on  property  and  giving  po ssession.  Bar  to 
proceedings against Judge or officer for issuing, etc., order or summons. —Any such order 
shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before 
the  hour  of  six  in  the  afternoon  upon  the  property  named  therein,  with  such  assistants,  as  he  thinks 
necessary,  and  giving  possession  of  such  property  to  the  applicant:  and  no  suit  or  prosecution  shall  be 
maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid 
was issued, or against any bailiff or other person by whom the same was executed, or by whom any such 
summons as aforesaid was served, for the issue, execution or service of any such order or summons, by 
reason only that the applicant was not entitled to the possession of the property. 

45. Applicant, if entitled to possession, not to be deemed trespass er for any error in 
proceedings.  Occupant  may  sue  for  compensation. —When  the  applicant,  at  the  time  of 
applying for any such order as aforesaid, was entitled to the possession of such property, neither he nor 
any person acting in his behalf shall be deemed, on account of any error, defect or irregularity in the mode 
of proceeding to obtain possession thereunder, to be a trespasser; but any person aggrieved may bring a 
suit  for the  recovery  of  compensation  for  any  damage  which  he  has  sustained by  reason  of  such  error, 
defect or irregularity: 

when no such damage is proved, the suit shall be dismissed; and when such damage is proved but the 
amount of the compensation assessed by the Court does not exceed ten rupees, the Court shall award to 
the  plaintiff  no  more  costs  than  compensation,  unless  the  Judge  who  tries  the  case  certifies  that  in  his 
opinion full costs should be awarded to the plaintiff. 

46.  Liability  of  applicant  obtaining  order  when  not  entitled. —Nothing  herein  contained 
shall be deemed to protect any applicant obtaining possession of any property under this Chapter from a 
suit  by  any  person  deeming  himself  aggrieved  thereby,  when  such  applicant  was  not  at  the  time  of 
applying for such order as aforesaid entitled to the possession of such property. 

Application for order in such case an act of trespass. —And when the applicant was not, at 
the  time  of  applying  for  any  such  order  as  aforesaid,  entitled  to  the  possession  of  such  property,  the 
application  for  such  order,  though  no  possession  is  taken  thereunder,  shall  be  deemed  to  be  an  act  of 
trespass committed by the applicant against the occupant. 

47.  Stay  of  proceedings  on  occupant  giving  security  to  bring  suit  against 
applicant.—Whenever on an application being made under section 41 the occupant binds himself, with 
two sureties, in a bond for such amount as the Small Cause Court thinks reasonable, having regard to the 
value  of the  property  and  the  probable  costs  of  the suit  next  hereinafter  mentioned, to institute  without 
delay a suit in the High Court against the applicant for compensation for trespass and to pay all the costs 
of such suit in case he does not prosecute the same or in case judgment therein is given for the applicant, 
the Small Cause Court shall stay the proceedings on such application until such suit is disposed of. 

If the occupant obtains a decree in any such suit against the applicant, such decree shall supersede the 

order (if any) made under section 43. 

Nothing contained in section 22 shall apply to suits under this section. 

48.  Proceedings  to  be  regulated  by  Code  of  Civil  Procedure.—In  all  proceedings  under 
this  Chapter,  the  Small  Cause  Court  shall,  as  far  as  may  be  and  except  as  herein  otherwise  provided, 
follow the procedure prescribed for a Court of first instance by the 1Code of Civil Procedure (14 of 1882). 

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

15 

 
                                                      
 
49.  Recovery  of  possession  no  bar  to  suit  to  try  title. —Recovery  of  the  possession  of  any 
immovable property under this Chapter shall be no bar to the institution of a suit in the High Court for 
trying the title thereto. 

CHAPTER VIII  
DISTRESSES 

50. Local extent of Chapter. Saving of certain rents.—This Chapter extends to every place 
within the local limits of the ordinary original civil jurisdictions of the High Courts of Judicature 
at Fort William, Madras and Bombay. But nothing contained in this Chapter applies—  

(a) to any rent due to Government;  

(b) to any rent which has been due for more than twelve months before the application mentioned 

in section 53. 
1 [51.  Appointment  of  bailiffs  and  appraisers.—Four  or  more  persons  shall  be  appointed 

bailiffs and appraisers for the purposes of this Chapter.] 

52.  Appointees  to  be  public  servants.—The persons so appointed 2*** shall be deemed to be 

public servants within the meaning of the Indian Penal Code (45 of 1860). 

53.  Application  for  distress-warrant.—Any  person  claiming  to  be  entitled to  arrears of rent  of 
any house or premises to which this Chapter extends, or his duly constituted attorney, may apply to any 
Judge  of  the  Small  Cause  Court,  or  to  the  Registrar  of  the  Small  Cause  Court,  for  such  warrant  as  is 
hereinafter mentioned. 

The application shall be supported by an affidavit or affirmation to the effect of the form (marked A) 

in the Third Schedule hereto annexed. 

54. Issue of distress-warrant.—The Judge or Registrar may thereupon issue a warrant under his 
hand and seal and returnable within six days, to the effect of the form (marked B) contained in the same 
Schedule, addressed to any one of such bailiffs. 

The Judge  or  Registrar  may  at  his  discretion,  upon personal  examination  of the  person applying  for 

such warrant, decline to issue the same. 

55.  Time  for  distress.—Every  distress  under  this  Chapter  shall  be  made  after  sunrise  and  before 

sunset, and not at any other time. 

56.  What  places  bailiff  may  force  open.—The  bailiff  directed  to  make  the  distress  may  force 
open  any  stable,  outhouse  or  other  building,  and  may  also  enter  any  dwelling-house,  the  outer  door  of 
which may be open, and may break open the door of any room in such dwelling-house for the purpose of 
seizing property liable to be seized under this Chapter: 

Provided that  he  shall  not enter  or  break  open  the  door  of any  room  appropriated  for  the  zenana  or 

residence of woman, which by the usage of the country is considered private. 

57. Property which may be seized.—In pursuance of the warrant aforeasaid, the bailiff shall seize 
the movable property found in or upon the house or premises mentioned in the warrant and belonging to 
the person from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in 
the bailiff’s judgment, be sufficient to cover the amount of the said rent, together with the costs of the said 
distress: 

Provided that the bailiff shall not seize—  

(a) things in actual use; or 

(b) tools and implements not in use, where there is other movable property in or upon the house or 

premises sufficient to cover such amount and costs; or 

1. Subs. by the A.O. 1937, for section  51. 
2. Certain words omitted, ibid. 

16 

 
                                                      
 
(c) the debtor’s necessary wearing apparel; or  

(d) goods in the custody of the law.  

58. Impounding distress. — The bailiff may impound or otherwise secure the property so seized 

in or on the house or premises chargeable with the rent. 

59.  Inventory.  Notice  of  intended  appraisement  and  sale. —On  seizing  any  property 
under section 57 the bailiff shall make an inventory of such property and shall give a notice in writing to 
the  effect  of  the  form  (marked  C)  in  the  Third  Schedule  hereto  annexed  to  the  debtor,  or  to  any  other 
person upon his behalf in or upon the said house or premises. 

Copies of inventory and notice to be filed.—The bailiff shall, as soon as may be, file in the Small 

Cause Court copies of the said inventory and notice. 

60.  Application  to  discharge  or  suspend  warrant. —  The  debtor  or  any  other  person 
alleging  himself  to  be  the  owner  of  any  property  seized  under  this  Chapter,  or  the  duly  constituted 
attorney of such debtor or other person, may, at any time within five days from such seizure, apply to any 
Judge of the said Court to discharge or suspend the warrant, or to release a distrained article, and such 
Judge may discharge or suspend such warrant or release such article accordingly, upon such terms as he 
thinks just, 

and any of the Judges of the said Court may in his discretion give reasonable time to the debtor to pay 

the rent due from him. 

Upon any such application, the costs attending it and attending the issue and execution of the warrant 

shall be in the discretion of the Judge, and shall be paid as he directs. 

61.  Claim  to  goods  distrained  made  by  a  stranger. —If any claim is made to, or in respect 
of, any property seized under this Chapter, or in respect of the proceeds or value thereof, by any person 
not  being  the  debtor,  the  Registrar  of  the  Small  Cause  Court,  upon  the  application  of  the  bailiff  who 
seized  the  property,  may  issue  a  summons  calling  before  the  Court  the  claimant  and  the  person  who 
obtained the warrant. 

And thereupon any suit which may have been brought in the High Court in respect of such claim shall 
be stayed, and any Judge of the High Court, on proof of the issue of such summons and that the property 
was so distrained, may order the plaintiff to pay the costs of all proceedings in such suit after the issue of 
such summons. 

And a Judge of the Small Cause Court shall adjudicate upon such claim and make such order between 

the parties in respect thereof and of the costs of the proceedings as he thinks fit; 

and such order shall be enforced as if it were an order made in a suit brought in such Court. 

The procedure in Small Cause Courts in cases under this section shall conform, as far as may be, to the 

procedure in an ordinary suit in such Courts. 

62. Power to award compensation to debtor or claimant. —In any case under section 60 
or section 61 the Judge by whom the case is heard may award such compensation by way of damages to 
the applicant or claimant (as the case may be) as the Judge thinks fit, 

and may for that purpose make any inquiry he thinks necessary; 

and the order of the Judge awarding or refusing such compensation shall bar any suit for the recovery 

of compensation for any damage caused by the distress. 

63.  Power  to  transfer  to  High  Court  cases  involving  more  than  one  thousand 
rupees.—In any case under section 60 or section 61, if the value of the subject-matter in dispute exceeds 
one thousand rupees, the applicant of claimant may apply to the High Court to transfer the case to itself, 
and the High Court, on being satisfied that it is expedient that the case should be disposed of by itself, 
may direct the case to be transferred accordingly, and may thereupon alter or set aside any order passed in 
the case by a Judge of the Small Cause Court, and may make such order therein as the High Court thinks 
fit. 

17 

 
Every application under this section shall be made within seven days from the date of the seizure of 

the subject-matter in dispute. 

In  granting  applications  under  this  sect ion,  the  High  Court  may  impose  such  terms  as  to 

payment of, or giving security for, costs or otherwise as it thinks fit.  

The  procedure  in  cases  transferred  under  this  section  shall  conform,  as  far  as  may  be,  to  the 
procedure in suits before the High Court  in the exercise of its ordinary original civil jurisdiction; 
and orders made under this section may be executed as if they were made in the exercise of such 
jurisdiction,  and  every  such  order  awarding  or  refusing  compensation  shall  bar  any  suit  for  the 
recovery  of  compensation  for  any  damage  caused  by  the  distress  which  gave  rise  to  the  case 
wherein such order was made. 

64.  Appraisement.—In  default  of  any  order  to  the  contrary  by  a  Judge  of  the  Small  Cause 
Court or by the High Court, any two of the said bailiffs may, at the expiration of five days from a 
seizure of property under this Chapter, appraise the property so seized, and give the debtor notice 
in writing to the effect of the form (marked D) in the Third Schedule hereto annexed. 

Notice of sale.—The bailiffs shall file in the Small Cause Court a copy of every notice given under 

this section. 

65.  Sale.  Application  of  proceeds.—In  default  of  any  such  order  to  the  contrary,  the 
distrained property shall be sold on the day mentioned in such notice, and the  said bailiffs shall, 
on realizing the proceeds, pay over the amount thereof to the Registrar of the Small Cause Court; 
and  such  amount  shall  be  applied  first  in  payment  of  the  costs  of  the  said  distress  and  then  in 
satisfaction of the debt; and the surplus, if any, shall be returned to the debtor: 

Provided  that  the  debtor  may  direct  that  the  sale  shall  take  place  in  any  other  manner,  first  giving 

security for any extra costs thereby occasioned. 

66.  Costs  of  disresses.—No  costs  of  any  distress  under  this  Chapter  shall  be  taken  or  demanded 

except those mentioned in the part (marked E) of the Third Schedule hereto annexed. 

1*    

            *   

            *   

            *   

            *  

67.  Account  of  costs  and  proceeds.—The  Registrar  of  the  Small  Cause  Court  shall  keep  a 
book in  which all sums received as costs upon distresses made under this Chapter, and all sums 
paid  as  remuneration  to  the  said  bailiffs,  and  all  contingent  charges  incurred  in  respect  of  such 
distresses, shall be duly entered. 

He shall also enter in the said book all sums realised by sale of the property distrained and paid over 

to landlords under the provisions of this Chapter. 

68.  Bar  of  distresses  except  under  this  Chapter.—No  distress  shall  be  levied  for  arrears  of  rent 

except under the provisions of this Chapter; 

Penalty  for  making  illegal  distresses.  —  and  any  person,  except  a  bailiff  appointed  under 
section  51,  levying  or  attempting  to  levy  any  such  distress,  shall,  on  conviction  before  a 
Presidency  Magistrate,  be  liable  to  be  punished  with  fine  which  may  ex tend  to  five  hundred 
rupees  and  with  imprisonment  for  a  term  which  may  extend  to  three  months,  in  addition  to  any 
other liability he may have incurred by his proceedings. 

CHAPTER IX 

REFERENCES TO HIGH COURT 

2[69. Reference when compulsory.—(1) If two or more judges of the Small Cause Court sit 
together  in  any  suit,  or  in  any  proceeding  under  Chapter  VII  of  this  Act,  and  differ  in  their 

1. Second paragraph omitted by  the A.O. 1937. 
2. Subs. by Act 4 of 1906, s. 4, for section 69. 

18 

 
 
 
 
 
                                                      
opinion  as  to  any  question  of  law  or  usage  having  the  force  of  law  or  the  construction  of  a  
document, which construction may affect the merits, or 

if in any suit or in any such proceeding, in which the amount or value of the subject-matter exceeds 
five  hundred  rupees,  any  such  question  arises  upon  which  the  Court  entertains  reasonable  doubt,  and 
either party so requires, 

the Small Cause Court shall draw up a statement of the facts of the case and the point on which 
there  is  a  difference  of  opinion  or  on  which  doubt  is  entertained,  and  refer  such  statement  with  its 
own opinion on the point for the opinion of the High Court; and the provisions of sections 619 to 621 
of the 1Code of Civil Procedure (14 of 1882), shall, so far as they are applicable, be deemed to apply 
as if such reference had been made under section 617 of the said Code. 

(2) When the Small Cause Court refers any question for the opinion of the High Court as provided in 

sub-section (1), it shall either reserve judgment or give judgment contingent upon such opinion.] 

70. Security to be furnished on such reference by party against whom contingent judgment 
given.—When judgment is given under section 69 contingent upon the opinion of the High Court, the 
party  against  whom  such  judgment  is  given  shall  at  once  furnish  security,  to  be  approved  by  the 
Small  Cause  Court,  for  the  costs  of  the  reference  to  the  High  Court  and  for  the  amount  of  such 
judgment: 

Provided that no security for the amount of such judgment shall be required in any case in which the 
Judge  who  tried  the  case  has  ordered  such  amount  to  be  paid  into  Court,  and  the  same  has  been  paid 
accordingly. 

If  no  such  security  given,  party  to  be  deemed  to  have  submitted  to  judgment.—Unless  such 
security  as  aforesaid  is  at  once  furnished,  the  party  against  whom  such  contingent  judgment  has  been 
given shall be deemed to have submitted to the same. 

CHAPTER X  
FEES AND COSTS 

71. Institution-fee.—A fee not exceeding—  

(a)  when  the  amount  or  value  of  the  subject-matter  does  not  exceed  five  hundred  rupees—the 

sum of two annas in the rupee on such amount or value, 

(b)  when  the  amount  of  value  of  the  subject-matter  exceeds  five  hundred  rupees—the  sum  of 
sixty-two rupees eight annas, and one anna in the rupee on the excess of such amount or value over 
five hundred rupees, 

shall be paid on the plaint in every suit, and every application under 2*** section 41; and no such plaint or 
application shall be received until such fee has been paid. 

An additional fee of ten rupees shall be paid on the filing of every agreement under section 20.  

72.  Fees  for  processes.—The  fees  specified  in  the  third  and  fourth  columns  of  the  Fourth 
Schedule  hereto  annexed shall  be  paid previous to the issue in  any  suit or in  any  proceeding  under 
Chapter  VII  of  this  Act  of  the  processes,  to  which  the  said  columns  respectively  relate,  by  the 
persons on whose behalf such processes are issued, when the amount or value of the subject-matter 
exceeds the  sum  specified  in the first column, but does not exceed the sum specified in the second 
column of the said Schedule. 

1. See Now the Code of Civil Procedure,  1908 (Act 5 of 1908). 
2. The  words and figure s “se c tion 38 or” rep. by  Act 7 of 1896 . 

19 

 
                                                      
 
73.  Repayment  of  half  fees  on  settlement  before  hearing.—Whenever  any  such  suit  or 
proceeding is settled by agreement of the parties before the hearing, half the amount of all fees paid up to 
that  time  shall  be  repaid  by  the  Small  Cause  Court  to  the  parties  by  whom  the  same  have  been 
respectively paid. 

74. Fees and costs of poor persons.—The Small Cause Court may, whenever it thinks fit, receive and 
register suits instituted, and applications under section 41 made by poor persons, and may issue processes 
on behalf of such persons, without payment or on a part-payment of the fees mentioned in sections 71 and 
72. 

75. Power to vary fees.—The State Government may from time to time, by notification in the Official 

Gazette, vary amount of the fees payable under sections 71 and 72: 

Provided  that  the  amount  of  such  fees  shall  in  no  case  exceed  the  amount  prescribed  by  the  said 

sections. 

76.  Expense  of  employing  legal  practitioners.—The  expense  of  employing  an  advocate,  vakil, 
attorney or other legal practitioner incurred by any party shall not be allowed as costs in any suit or in 
any proceeding under Chapter VII of this Act, in the Small Cause Court, in which suit or proceeding 
the  amount  or  value  of  the  subject-matter  does  not  exceed  twenty  rupees,  unless  the-Court  is  of 
opinion that the employment of such practitioner was under the circumstances reasonable. 

77. Sections 3, 5 and 25 of Court-fees Act, 1870, saved.—Nothing contained in this Chapter shall 

affect the provisions of sections 3, 5 and 25 of the Court-fees Act, 1870 (7 of 1870). 

CHAPTER XI 

MISCONDUCT OF INFERIOR MINISTERIAL OFFICERS 

78. [Power to fine officers.] Rep. by the A.O. 1937. 

79. Default of bailiff or other officer in execution of order or warrant.—If any clerk, bailiff 
or  other  inferior  ministerial  officer  of  the  Small  Cause  Court  who  is  employed  as  such  in  the 
execution  of  any  order  or  warrant,  loses,  by  neglect,  connivance  or  omission,  an  opportunity  of 
executing such order or warrant, he shall be liable, by order of the Chief Judge, on the application of 
the person injured by such neglect, connivance or omission, to pay such sum, not exceeding in  any 
case the  sum  for  which the said order or  warrant  was issued,  as, in the opinion  of the  Chief Judge, 
represents the amount of the damage sustained by such person thereby. 

80. Extortion or default of officers.—If any clerk, bailiff or other inferior ministerial officer of 
the  Small  Cause  Court  is  charged  with  extortion  or  misconduct  while  acting  under  colour  of  its 
process, or with not duly paying or accounting for any money levied by him under its authority, the 
Court may inquire into such charge, and may make such order for the repayment or payment of any 
money  so  extorted,  or  of  any  money  so  levied  as  aforesaid,  and  of  damages  and  costs,  by  such 
officer, as it thinks fit. 

81.  Court  empowered  to  summon  witnesses,  etc.—For  the  purposes  of  any  inquiry  under  this 
Chapter, the Small Cause Court shall have all the powers of summoning and enforcing the attendance 
of witnesses and compelling the production of documents which it possesses in suits under this Act.  

82.  Enforcement  of  order.—Any  order  under  this  Chapter  for  the  payment  or  repayment  of 
money  may,  in  default  of  payment  of the  amount  payable thereunder,  be  enforced by  the  person to 
whom such amount is payable as if the same were a decree of the Small Cause Court in his  favour. 

20 

 
CHAPTER XII 

CONTEMPT OF COURT 

83. [Procedure of Court in certain cases of contempt.] Rep. by the Repealing and Amending Act, 1914 

(10 of 1914), s. 3 and the Second Schedule. 

84. [Record in such cases.] Rep. by s. 3 and the Second Schedule, ibid. 

85. [Procedure where Court considers that case should not be dealt with under section 83.] Rep. by  

s. 3 and the Second Schedule, ibid. 

86. [Discharge of offender on submission or apology.] Rep. by s. 3 and the Second Schedule, ibid. 

87.  Imprisonment  or  committal  of  person  refusing  to  answer  or  produce  document.—If  any 
witness before the Small Cause Court refuses to answer such questions as are put to him, or to produce 
any document in his possession or power which the Court requires him to produce, and does not offer any 
reasonable excuse for such refusal, the Court may sentence him to simple imprisonment, or commit him 
to the custody of an officer of the Court, for any term not exceeding seven days, unless in the meantime 
such person consents to answer such questions or to produce such document, as the case may be, after 
which, in the event of his persisting in his refusal, he may be dealt with according to the provisions of 
section 1[480 or section 482 of Code of Criminal Procedure, 18982 (5 of 1898)]. 

88.  Appeal  from  orders  under  section  87.—Any  person  deeming  himself  aggrieved  by  an  order 
under 3***  section  87  may  appeal  to  the  High  Court,  and  the  provisions  of  the  1[Code  of  Criminal 
Procedure,  18982  (5  of  1898)],  relating  to  appeals  shall,  so  far  as  may  be,  apply  to  appeals  under'  this 
section. 

CHAPTER XIII  
MISCELLANEOUS 

89.  Persons  by  whom  process  may  be  served.—Notices  to  produce  documents,  summonses  to 
witnesses, and all other processes issued in the exercise of any jurisdiction conferred on the Small Cause 
Court by this Act, except summonses to defendants and writs of execution, may, if the Court by general 
or  special  order  so  directs,  be  served  by  such  persons  as  the  Court, from  time  to  time,  appoints  in this 
behalf. 

90. Registers and returns.—The Small Cause Court shall keep such registers, books and accounts, 
and submit to the  High  Court  such statements  and returns,  as  may,  subject  to  the  approval  of  the  State 
Government, be prescribed by the High Court. 

91. Court to furnish records, etc., called for by State Government or High Court.—The Small 
Cause  Court  shall  comply  with  such  requisitions  as  may,  from  time  to  time,  be  made  by  the  State 
Government  or  High  Court  for  records,  returns  and  statements  in  such  form  and  manner  as  such 
Government or Court, as the case may be, thinks fit. 

92.  Holidays  and  vacations.—The  Small  Cause  Court  shall,  at  the  commencement  of  each  year, 
draw up a list of holidays and vacations to he observed in the Court, and shall submit the same for the 
approval of the State Government. 

Such list, when it has received such approval, shall be published in the Official Gazette, and the said 

holidays and vacations shall be observed accordingly. 

93.  Certain  persons  exempt  from  arrest  by  Court.—The  President  4 ***,  the  Governors  of  

1. Subs. by Act 10 of 1914, s. 2 and the  First Schedule. 
2. Now see Act 2 of 1974. 
3. The words and figures “section 83 or” omitted by Act 10 of 1914 , s. 3 and the Second Schedule.   
4. The words “and Members of his Council” rep. by the A.O. 1948. 

21 

 
                                                      
1[Madras], 2[Bombay and 3[West Bengal]], 4*** 5*** and the Chief Justice and Judges of the High Courts 
6***, shall not be liable to arrest by order of the Small Cause Court. 

94. No suit to lie upon decree of Court.—No suit shall lie on any decree of the Small Cause Court. 

95. Place of imprisonment.—Any person ordered by the Small Cause Court to be imprisoned may be 

imprisoned in such place as the State Government, from time to time, appoints in this behalf. 

96. Tender in suit for anything done under Act.—If any person against whom any suit is brought 
for anything purporting to be done by him under this Act, has before the institution of the suit, tendered 
sufficient amends to the plaintiff, the plaintiff shall not recover. 

97. Limitation of prosecutions.—All prosecutions for anything purporting to be done under this Act 

must be commenced within three months after the offence was committed. 

1. Subs. by the A.O. 1948, for “Fort St. George”. 
2. Subs. by Act 7 of 1912, s. 7 and the Schedule E, for “and Bombay”. 
3. Subs. by A.O. 1948, for “Fort William in Bengal”. 
4. The words “and the Members of their respective Councils” rep, by the A O.1937. 
5. The words “the Lieutenant-Governor of Bengal” omitted by Act 7 of 1912, s. 7 and the Schedule E. 
6. The words and letter “for Part A States” omitted by the A.O. (No. 2) 1956. 

22 

 
 
 
                                                      
 
THE FIRST SCHEDULE.—[Enactments repealed.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 

and the Schedule. 

23 

 
 
 
THE  SECOND  SCHEDULE.—[Portions  of  Civil  Procedure  Code  extending  to  Court.]  Rep.  by  the 

Presidency Small Cause Courts Act, 1895 (1 of 1895), s. 12. 

24 

 
 
 
THE THIRD SCHEDULE  
FORMS 

A 

[See section 53] 

In the Small Cause Court for 

A. B._____________  

(plaintiff), 

versus 

C.D________________   (Defendant), 

A.B., of______________, in the town of_______________, make oath [or affirms] and saith that C. 
D.______________,  of________________,  is  justly  indebted  to_______________in  the  sum  of 
Rs._______________ for arrears of rent of the house and premises No.______________  , 
situated 
at______________,        in  the  town  of__________________,  due  for_______________      months,  to  wit 
from____________ to____________, at the rate of Rs._____________  per mensem. 

Sworn [or affirmed] before me the ______________day of_______________18: 

Judge [or Registrar].  

_________ 

B 

[See section 54]  

In the Small Cause Court for 

FORM OF WARRANT 

I  hereby  direct  you  to distrain the  movable  property,  of  C.D.,  on  the  house  and  premises  situate at 
No.__________, in the town of _________, for the sum of __________ Rs. And the costs of the distress, 
according to the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882. 

Dated                  day of             18.  

To E.F., Bailiff and Appraiser. 

(Signed and sealed). 

__________ 

C 

[See section 59] 

In the Small Cause Court for 

FORM OF INVENTORY AND NOTICE 

(State particulars of property seized.) 

Take  notice  that  I  have  this  day  seized  the  movable  property  contained  in  the  above  
inventory  for  the  sum_________  Rs.,  being  the  amount  of  __________  months’  rent  due  to  A.B.  at 
_________  last,  and  that  unless  you  pay  the  amount  thereof,  together  with  the  costs  of  this  distress, 
within  five  days  from  the  date  hereof,  or  obtain  an  order  from  one  of  the  Judges  or  the 
Registrar  of  the  Small  Cause  Court  to  the  contrary,  the  same   will  be  appraised  and  sold 
pursuant to the provisions of Chapter VIII  of the Presidency Small Cause Courts Act, 1882. 
Dated   the             day of    

  18. 

(Signed) E.F., 
Bailiff and Appraiser. 

To C. D. 

25 

 
 
 
 
D 

[See section 64] 

In the Small Cause Court for  

Take  notice  that  we  have  appraised  the  movable  property  seized  on  the  __________  day  of 
__________, under the provisions of Chapter VIII of  the Presidency Small Cause Courts Act, 1882, of 
which seizure and property a notice and inventory were duly served upon you [or upon 
 on your behalf, 
as  the  case  may  be]  under  date  the  __________,  and  that  the  said  property  will  be  sold  on  the 
__________ [two clear days at least after the date of the notice] at __________ pursuant to the provisions 
of the said Act. Dated this __________ day of __________18 

(Signed)  E. F., 

G. H., 

Bailiffs and Appraisers. 

To  C. D. 

__________ 

E 

[See section 66] 

In the Small Cause Court for 

SCALE OF FEES TO BE LEVIED IN DISTRAINTS FOR HOUSE-RENT 

Sums sued for 

Affidavit and 
warrant to distrain 

Order to sell 

Commission 

Total 

Rs.        Rs. 

Rs.       A.       P. 

Rs.       A.       P. 

Rs.       A.       P. 

Rs.       A.       P. 

1 and under   5. . . 

0         4         0 

0         8         0 

0         8         0 

1         4         0 

5          ”        10 . . 

0         8         0 

0         8          0 

1         0         0 

2         0         0 

10        ”        15 . . 

0         8         0 

0         8          0 

1         8         0 

2         8         0 

15        ”       20 . . 

0         8         0 

1         0          0 

2         0         0 

3         8         0 

20       ”       25 . . 

0        12        0 

1         0          0 

2         8         0 

4         4         0 

25       ”       30 . . 

1         0         0 

1         0          0 

3         0         0 

5         0          0 

30       ”       35 . .  

1         0         0 

1         0         0 

3         8         0 

5         8         0 

35       ”       40 . . 

1         0         0 

1         8         0 

4         0         0 

6         8          0 

40       ”       45 . . 

1         4         0 

2         0          0 

4         8         0 

7         12        0 

45       ”       50 . . 

1         8         0 

2         0          0 

5         0         0 

8         8         0 

50       ”       60 . . 

2         0         0 

2         0         0 

6          0         0 

10        0         0 

60       ”       80 . . 

2         8         0 

2         8         0 

6          8         0 

11        8         0 

80       to      100 . 

3         0         0 

3         0         0 

7         0          0 

13        0         0 

Upwards of 100 . . 

3         0         0 

3         0         0 

7    per centum. 

26 

 
 
 
The above scale includes all expenses, except in suits where the tenant disputes the landlord’s claim, 
and witnesses have to be subpoenaed, in which case each subpoena for sums under Rs. 40 must be paid 
for at four annas each, and twelve annas above that amount; and also where peons are kept in charge of 
property distrained, four annas per day must be paid per man. 

_______ 

27 

 
 
 
T H E  F O URT H  SC H ED U L E  

[See section 72] 
FEES FOR SUMMONSES AND OTHER PROCESSES 
         Fee for summons 

      But does not exceed 

Fee for other processes 

When the amount or 
value of the subject-
matter exceeds 

Rs. 
0 
10 
20 
50 
100 
200 
300 
400 
500 
600 
700 
800 
900 
1,000 
1,100 
1,200 
1,300 
1,400 
1,500 
1,600 
1,700 
1,800 
1,900 

Rs. 
10 
20 
50 
100 
200 
300 
400 
500 
600 
700 
800 
900 
1,000 
1,100 
1,200 
1,300 
1,400 
1,500 
1,600 
1,700 
1,800 
1,900 
2,000 

Rs.       A.       P. 
0          2         0 
0          4         0 
0          8         0 
1          0         0 
1          4         0 
1         8          0 
1         12        0 
2          0         0 
2          4         0 
2          8         0 
2         12        0 
3          0         0 
3          4         0 
3           6         0 
3           8         0 
3          10        0 
3          12        0 
 3          14        0 
4          0         0 
4          2         0 
4          4         0 
4          6         0 
4          8         0 

Rs.       A.       P. 
0         2         0 
0         4         0 
0         8         0 
1         0         0 
2         0         0 
3         0         0 
4         0         0 
5         0         0 
6         0         0 
7         0         0 
8         0         0 
9         0         0 
10        0         0 
10        8         0 
11        0         0 
11        8         0 
12        0         0 
12        8         0 
13       0         0 
13        8         0 
14        0         0 
14        8         0 
15        0         0 

_______ 

28 

 
 
 
