Indian Bare Acts



Year : 1882

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

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 {See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Schedule II, section 16} Code 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.

(1) In any suit instituted in a Small Cause Court in which the amount or 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 {In Madras, the High Court on such an application may either remove the suit to its own file or transfer the same to the Madras City Civil Court, see Mad Act 5 of 1916, section 3}. {Substituted by Act 4 of 1906, section 3, for the original sub-section (2).}

(2) Unless the Judge is of opinion that the application has been made solely for the purpose of delay, the applicant shall be entitled to such order as of right:

Provided that the removal directed by such order shall, unless the Judge otherwise directs, be conditional upon the applicant giving security, to the approval of the Judge, within a reasonable time to be prescribed in the order for the payment of the amount claimed and of the costs which may become payable by him to the plaintiff in respect of the said suit.]

(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.

(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 in 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 Code of Civil Procedure (14 of 1882) {See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Schedule I, Order VIII, rule 11} 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.]

{Section 41 has been virtually amended and supplemented in the City of Madras by Mad. Act 3 of 1921.}
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 {Substituted by Act 9 of 1912, section 2, for "one"} [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 {For fee on such application, see section 71, infra} 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.

The summons shall be served on the occupant in the manner provided by the Code of Civil Procedure (14 of 1882) {See now the Code of Civil Procedure, 1908 (Act 5 of 1908)} for the service of a summons on a defendant.

{S.43 has been virtually amended and supplemented in the City of Madras by Mad.Act 3 of 1922.}

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.

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.

Last updated on July, 2016

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