An Act to consolidate and amend the law relating to Courts of Small Causes established beyond the Presidency-towns.

WHEREAS it is expedient to consolidate and amend the law relating to Courts of Small Causes established beyond the local limits for the time being of the ordinary original civil jurisdiction of the High Courts of Judicature at Fort William in Bengal and at Madras and Bombay; It is hereby enacted as follows:—

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.

1. For power to confer upon a Subordinate Judge or Munsif in Bengal, the Province of Agra and Assam, the jurisdiction of a Court of Small Causes under this Act, see the Bengal, Agra and Assam Civil Courts Act, 1887 (12 of 1887), s. 25. Ss. 15, 32, 37, 38, 39 and 40 of the Bengal, Agra and Assam Civil Courts Act, 1887 (12 of 1887), apply to Courts of Small Causes constituted under this Act, see Act 12 of 1887, s. 40. The powers of a Court of Small Causes under this Act have been conferred upon the Courts of Sub-divisional Officers of the Khondmals and Angul Districts by section 13 of Regulations 4 and 5 of 1936, respectively. The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955 and to the city of Ahmedabad by Gujarat Act 19 of 1961. The Act has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule (w.e.f. 1-7-1965), to the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule (w.e.f. 1-10-1967) and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch edule. The Act has been amended in its application to— Uttar Pradesh by U.P. Acts 17 of 1957 and 14 of 1970, Madhya Pradesh by Madhya Pradesh Act 19 of 1958, Bombay by Bombay Act 87 of 1958, West Bengal by West Bengal Act 30 of 1972, Punjab by Punjab Act 20 of 1975, Haryana by Haryana Act 27 of 1977 and Himachal Pradesh by Himachal Pradesh Act 4 of 1970.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.

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.

3. Savings.—

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.

4. Definition.—

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.

3. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).