The Provincial small cause court Act, 1887

Act No . 9 of 1887 24th feb. 1887

An Act to consolidate and amend the law relating to courts of small

causes established beyond the presidency town.
Chapter 1- Preliminary

1. Title , extent and commencement

2. (Repealed )
3. Savings
4. Definitions
Chapter II – constitution of courts of small causes
5. Establishment of courts of small causes
6. Judges
7. Appointment of times of sitting in certain circumstances
8. Additional judge
9. (Repealed)
10. Power to require two judges to sit as a Bench
11. Decision in case heard by a Bench
12. Registrar
13. (repealed)
14. Duties of ministerial officers
Chapter III- Jurisdiction of courts of small causes
15. Cognizance of suits by court of small causes
16. Exclusive jurisdiction of courts of small causes
Chapter IV- Practice and procedure
17. Application of the code of civil procedure
18. Trial of suits by registrar
19. Admission, return and rejection of plaints by registrar
20. Passing of decree by registrar on confession
21. Execution of decrees registrar
22. Adjournment of cases by chief ministerial officer
23. Return of plaints in suits involving questions of title
24. Appeal from the orders of courts of small causes
25. Revision of decrees and orders of courts of small causes
26. (Repealed )
27. Finality of decrees and orders
Chapter V – Supplemental provisions
28. Subordinations of courts of small causes
29. Seal
30. Abolition of court of small causes
31. Saving of power to appoint judges of court of small causes to other offices
32. Application of Act to courts invested with jurisdiction of court of small causes
33. Application of the Act and code to courts invested as to two courts
34. Modification of code as so applied
35. Continuance of proceedings of abolished courts
36. (Repealed)
37. Publication of certain orders
THE FIRST SCHEDULE – (Repealed)
THE SECOND SCHEDULE – Suits excepted from the cognizance of a court of
small causes.

Chapter 1- Preliminary

1. Title , extent and commencement

(1) This Act may be called THE PROVINCIAL SMALL CAUSE COURTS ACT, 1887.
(2) Whole of INDIA , Except the territories in Part B states
(3) 01 – July – 1887
2. (Repealed )
3. Savings
Nothing in this Act shall construed to affect.
a) Any proceeding instituted before the commencement of this Act.
b) Jurisdiction of a magistrate under MADRAS Code, or any other law.
c) Any local or special law.
4. Definitions
Court of Small Causes means – a court constituted under this Act, and includes any person exercising
jurisdiction under this Act.

Chapter II – constitution of courts of small causes

5. Establishment of courts of small causes
(1) The state government may establish a court of small Causes.
(2) The local limits of the jurisdictions shall be such as the state government defines.
6. Judges
The state government shall appoint a judge of the court, by order in writing.
Provided that the same person may be judge of more than one such court.
7. Appointment of times of sitting in certain circumstances
(1) A judge may fix the time of sitting, with the sanction of the district court.
(2) Notice of the times shall be published
8. Additional judge
(1) If the state government so direct there may be additional judges of the court of small Causes.
(2) An additional judge shall discharge functions as the judge may assign to him. And while discharging
such functions shall exercise the same power as the judge.
(3) The judge may withdraw any business pending before him.
(4) When the judge is absent the senior additional judge may discharge all or any of the functions of judge.
9. (Repealed) – suspension and removal of judge (repealed by AO 1937)

10. Power to require two judges to sit as a Bench

The state government after consultation with the High court may direct, the judges or additional judges to sit
together for the trial of suits.
11. Decision in case heard by a Bench
(1) If two or more judges differs as to the QUESTION OF LAW or USEGE having the force of law , they
shall draw up and refer to the high court . (a/c to the provisions of CPC chapter XLVI for reference)
 (2) If they differ on any matter other than question of law and usages, the judge who is senior in respect of
appointment, his opinion shall prevail.
12. Registrar
(1) There may be appointed an officer of the court of small Causes, called as a registrar.
(2) The registrar shall be the chief ministerial officer of the court.
(3) The state government may confer upon registrar the jurisdictions of the judge for the trail of suits value
not exceeding 20 rupees.
(4) The registrar shall try such suits as the judge may, by general or special order direct.
13. (repealed) - (other ministerial officers – Repealed by AO 1937)
14. Duties of ministerial officers
(1) The Ministerial officers of court shall discharge such duties as this Act, or any other enactment, or the
judge directs.
Chapter III- Jurisdiction of courts of small causes
15. Cognizance of suits by court of small causes
(1) A court of small causes shall not take cognizance of suits specified under schedule II.
(2) All suits of civil nature of which value not exceeding Rs.500 shall be cognizable by CSC.
(3) The state government may, by order in writing, direct exceeding up to Rs.1000 value suits be cognizable.
(State amendment – The state of Bihar in Section 15
- Subsection (2) , Rs. 500 , substituted by word Rs. 1000
- And in Subsection (3) word Rs. 1000 , substituted by word Rs.1,500 /-
By Bihar Act 3 of 1984, section 2 (w.e.f.- 21.03.1984 )
16. Exclusive jurisdiction of courts of small causes
A suit cognizable by CSC shall not be tried by any other court. Until expressly provided by any Act.

Chapter IV- Practice and procedure

17. Application of the code of civil procedure
The Procedure of CPC 1908 shall be the procedure followed in CSC in all suits and proceedings.
18. Trial of suits by registrar
(1) Suits cognizable by the Registrar under section 12 (3)&(4) shall be tried by him ,in like manner as judge.
(2) The judge may transfer to his own file or Additional judge, any suit pending on the file of the registrar.
19. Admission, return and rejection of plaints by registrar
(1) When a judge and additional judge of a CSC is absent, the registrar may admit/return/reject a plaint.
(2) The judge may return/ reject a plaint admitted by registrar, or admit the plaint rejected/returned by
registrar.
20. Passing of decree by registrar on confession
(1) In absence of a judge if the defendant appears before registrar and admit the plaintiff’s claim. The
registrar may pass, against the defendant, upon that admission, a decree which shall have the effect as a
decree passed by a judge.
(2) Where a decree under sub section (1) has been passed the judge may grant an application of Review /re
hear the suit in the same manner as if the decree passed by himself.
21. Execution of decrees registrar
(1) In absence of judge/additional judge, the registrar may make any order, which a judge might make, in
respect of applications for the execution for decrees and orders made by the court, or sent to the court
for execution.
(2) The judge may reverse or modify the order within 15 days of issuance of process of execution.
(3) This 15days shall be computed according to the provisions of the Indian Limitation Act.
22. Adjournment of cases by chief ministerial officer
In absence of judge / additional judge the registrar or other chief ministerial officers may adjourn the hearing
of any suit and fix a day for further hearing thereof.
23. Return of plaints in suits involving questions of title
When any relief claimed by the plaintiff involves the proof or disproof of any title. The court may at any
stage return the plaint to be presented before a court having jurisdiction to determine title.
24. Appeal from the orders of courts of small causes
Where an order specified under section 104 CPC , 1908 is made by the CSC ,an appeal therefrom shall lie to
the District court on the grounds mentioned in that section.
25. Revision of decrees and orders of courts of small causes
The High court for the purpose satisfying itself that the decree or order made by CSC was according to the
law may call for the case and pass such order with respect thereto as it thinks fit.

26. (Repealed )

27. Finality of decrees and orders

A decree or order made by CSC under the provisions of the Act shall be final.

Chapter V – Supplemental provisions

28. Subordinations of courts of small causes
(1) The CSC shall be subject to Administrative control of District court and Superintendence of the High
court.
(2) The relation of District court to CSC with respect to administrative control, shall be same as that of
district court to a civil court of the lowest grade competent to try an original suit of value Rs. 5000.
29. Seal
The CSC shall use a seal of such form and dimension as are prescribed by the State Government.
30. Abolition of court of small causes
The state government by order in writing, abolish a court of small Causes.
31. Saving of power to appoint judges of court of small causes to other offices
(1) A person appointed as a judge of CSC may also be appointed as a judge of any other civil court, or a
magistrate, or hold any public office.
(2) When a judge is so appointed the ministerial officers of the court shall be deemed to appoint to aid him
in discharge of the duties of the other office.
32. Application of Act to courts invested with jurisdiction of court of small causes
(1) The court invested with the jurisdiction of the CSC shall exercise that jurisdiction as CSC.
(2) Nothing shall applies to such suits which are instituted to the court before the investment of such
jurisdiction.
33. Application of the Act and code to courts invested as to two courts
Any court invested with the jurisdiction of the CSC and also with other jurisdictions shall be deemed to be
different courts.
34. Modification of code as so applied
When a court, in exercise of the jurisdiction of CSC, sends a decree for execution to itself, the document
mentioned in section 244 of CPC 1882 shall not be sent with the decree, unless required by the court.
35. Continuance of proceedings of abolished courts
When a court has ceased to have jurisdiction of CSC, in relation to any proceeding before or after decree
shall be continued in the court having such jurisdiction to try the suit.
36. (Repealed)

37. Publication of certain orders

All orders required by this Act to be made in writing by the state government shall be published in the official
Guzette.

THE FIRST SCHEDULE – (Repealed)

THE SECOND SCHEDULE – Suits excepted from the cognizance of a court of small causes.