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 2 [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.
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).
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 1
- 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.2 3 [
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
4 [(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) 5 [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 5 [an Additional] Judge any business pending before him (4) When the Judge is absent, the 6 [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. 1==1. 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