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THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882

Title : THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882

Year : 1882



{For modifications with which this section applies in Bengal, see Ben.Act 4 of 1922, s.16.}

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 or 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 {The words and figures "section 38 or" were ref.by Act 7 of 1896} 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.



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 {For sections 72A, 72B and 72C in force in Calcutta only, see the Presidency Small Cause Courts (Ben.Amendment) Act, 1932 (Ben.20 of 1932), section 3 and the Presidency Small Cause Courts (Ben.Amendment) Act, 1934 (Ben.8 of 1934), section 3}.



{In its application to the Court of Small Causes of Calcutta, a different section has been substituted for this section by Ben.Act 8 of 1934, section 4.}

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.



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.



The State Government may from time to time, by notification in the Official Gazette, vary the 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.



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.



Nothing contained in this Chapter shall affect the provisions of sections 3, 5 and 25 of the Court-fees Act, 1870 (7 of 1870).

Last updated on July, 2016

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