Order-50 Provincial Small Causes Courts

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Order-50 Provincial Small Causes Courts
Total Sections 158
Enforcement Year 1908
State or Central Central
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ASSN: 20661

CODE OF CIVIL PROCEDURE, 1908

5 of 1908

[21st March 1908]

CONTENTS

ORDER 50 :- PROVINCIAL SMALL CASE COURTS

1. Provincial Small Cause Courts


As amended up to date by Amendment Act No. 104 of 1976 as assented by the President of India on 10th September, 1976 An Act to consolidate and amend the laws relating to the procedure of the courts of civil judicature Whereas it is expedient to consolidate and amend the laws relating to the Procedure of the courts of civil judicature.


1. Provincial Small Cause Courts :-

The provisions hereinafter specified shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under the Berar Small Cause Courts Law, 1905 or to Courts exercising the jurisdiction of a Court of Small Causes under the said Act or Law or to Courts in any part of India to which the said Act does not extend exercising a corresponding jurisdiction that is to say

(a) so much of this Schedule as relates to

(i) suits excepted from the cognizance of a Court of Small Causes or the execution of decrees in such suits;

(ii) the execution of decrees against immovable property or the interest of a partner in partnership property;

(iii) the settlement of issues; and

(b) the following rules and orders:

Order II, rule 1 (frame of suit);

Order X, rule 3 (record of examination of parties);

Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment;

Order XVIII, rules 5 to 12 (evidence);

Orders XLI to XLV (appeals);

Order XLVII, rules 2, 3,5,6,7 (review);

ORDER 51 :- STATE AMENDMENT :

Allahabad.-In Order L, in rule 1, in clause (b), after the words "Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment", insert the words "and rule 5".

[Vide President Act 19 of 1973 as re-enacted by Uttar Pradesh Act 30 of 1974.]

HIGH COURT AMENDMENT

Kerala.-In Order L,

(i) for the heading, substitute the following heading, namely:

"SUITS TRIABLE AS SMALL CAUSES",

(ii) in rule 1, for the first paragraph, substitute the following paragraph, namely:

"The provisions contained here in after specified shall not extend to Civil Courts exercising small cause jurisdiction."

(iii) in rule 1, in clause (b), omit the word and figures "Order XLI."

1. Presidency Small Cause Courts :- . Save as provided in rules 22 and 23 o Order V, rules 4 and 7 of Order XXI, and rule 4 of Order XXVI, and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), this Schedule shall no extend to any suit or proceeding in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay.

HIGH COURT AMENDMENTS

Gujarat.-In Order LI, in rule 1, for the words "in the towns of Calcutta, Madras and Bombay", substitute the words "in the cities of Ahmedabad, Bombay, Calcutta and Madras", (w.e.f. 19-31962)

Kerala.-Omit Order LI. (w.e.f. 9-6-1959)

Allahabad.-After Order LI, insert the following Order, namely:

"ORDER LII

1. Rule 38 of Order XLI shall apply, so far as may be, to proceedings under section 115 of the Code."

[Vide Notification No. 1465/35(a)-5(4), dated 1st June, 1918.]

Gujarat.-Same as in Allahabad.

Madras.-After Order LI, insert the following Order, namely:

"ORDER LII LODGING OF CAVEAT

1. Any person, claiming a right to appear before the Court on the hearing of an application which is expected to be made or has been made in a suit, appeal, revision or any proceeding instituted or about to be instituted in a Court to which the Code applies, may lodge a Caveat in the Court. The Caveat shall be in the form prescribed in Appendix Dl. The Caveat shall be accompanied by-

(a) as many copies of the notice of Caveat as will be required to be served on the applicant or applicants;

(b) the Court-fees prescribed for the Caveat; and

(c) the fees prescribed for service of such notice of Caveat.

2. Every Court shall maintain a Register called the Register of Caveats containing the following particulars, namely:

(1) Serial Number.

(2) Date of presentation of Caveat.

(3) Date upto which the Caveat will remain in force.

(4) Name and address of Caveator.

(5) Address for service of the Caveator within the jurisdiction of the Courtj

(6) Name and address of the Pleader, if any, for the Caveator.

(7) The number of the proceeding, if any, on the file of the Court in which the Caveat is tiled.

(8) The number of the proceeding in the Lower Court against which further proceedings are taken or contemplated to be taken in the Appellate or Revisional Court (This will not apply to the Court of first instance).

(9) Name and address of the applicant or petitioner or the expected applicant or petitioner.

(10) Date of service on the applicant or petitioner or expected applicant or petitioner by the Caveator.

(11) Signature of the Caveator or his Pleader, if any.

3. As soon as a person lodges a Caveat as provided in rule 1 above, an entry shall be made in the Register of Caveats in the presence of the Caveator himself or his pleader, who shall sign the register aforesaid.

4. When a person makes an application for any interlocutory orders in a suit, appeal, revision or any other proceeding, he shall look into the Register of Caveats and make an endorcement in the application as to whether or not a Caveat has been entered with respect to his application as verified from the Register of Caveats.

5. As soon as the Caveator lodges a Caveat, he shall forthwith serve notice of the Caveat by registered post acknowledgement due on the person by whom the application has been made or is expected to be made, and file proof of such service.

6. Where after a Caveat has been lodged, any application is filed in a suit, appeal, revision or any other proceeding, the Court shall serve a notice of the application on the Pleader for the Caveator, if any, or on the Caveator in the manner provided for service on defendant, respondent or opposite party, of summons to appear. All provisions applicable to such summons shall apply to the service of such notice:

Provided that at the time when an application comes up for hearing, the Caveator or his Pleader takes notice, it shall not be necessary for the Court to serve a notice on the Caveator.

7. (a) In respect of the proceedings in the Subordinate Civil Courts in the State and in the appellate Jurisdiction of the High Court of Judicature at Madras Court-fee payable on the Caveat shall be that provided for in the Tamil Nadu Court-fees and Suits Valuation Act, 1955.

(b) In respect of the proceedings on the file of the original side of the High Court, the said fee shall be that provided for in the High Court- fees rules.

8. The fees for service of notice of the Caveat shall be those provided for in the Rules of the High Court, Madras, Original Side, 1956 or in the Rules of the High Court, Madras, Appellate Side, 1965 or in the Rules relating to service and execution of processes made under subsection (1) of section 80 of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955, as the case may be.

9. If the Caveat is not lodged in accordance with these Rules, it is liable to be rejected in limine.