Sec 5 to 14 Chapter II (Constitution of Courts of Small Causes) The Provincial Small Cause Courts Act, 1887.

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.

1. The words “with the previous sanction of the G. G. in C.” rep. by Act 4 of 1914. s.

2 and the Schedule. 2. For notifications issued under cl. (2) of s. 5, see different local R. and O.

3. Subs. by the A.O. 1937, for section 6.

3 [6. Judge.—

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.

4. Subs., ibid., for the sub-section (1).

5. Subs. by Act 11 of 1915, s. 2 and the First Schedule, for “the Additional”.

6. Ins. by s. 2 and the First Schedule, ibid.

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.

11. 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 on which they differ in opinion, and the provisions of 1Chapter XLVI of the Code of Civil Procedure (14 of 1882) shall apply to the reference.

(2) If they differ on any matter other than a matter specified in sub-section (1), the opinion of the Judge who is senior in respect of date of appointment as Judge of a Court of Small Causes, or, if one of them is an Additional Judge, then the opinion of the Judge sitting with him, shall prevail.

(3) For the purposes of sub-section (2), a Judge permanently appointed shall be deemed to be senior to an officiating Judge.

1. See now ss. 113 and 115 and the First Schedule, Order XLVI, of the Code of Civil Procedure, 1908 (Act 5 of 1908).

 

12. Registrar.—

3 [(1) There may be appointed to a Court of Small Causes an officer to be called the Registrar of the Court.]

(2) Where a Registrar is appointed, he shall be the chief ministerial officer of the Court.

(3) The State Government may, by order in writing, confer upon a Registrar, within the local limits of the jurisdiction of the Court, the jurisdiction of a Judge of a Court of Small Causes for the trial of suits of which the value does not exceed twenty rupees.

(4) The Registrar shall try such suits cognizable by him as the Judge may, by general or special order, direct. 4* * * * *

2. This section has been amended in its application to the Bombay Presidency by the Provincial Small Cause Courts (Bombay Amendment) Act, 1930 (Bom. 6 of 1930), s. 2.

3. Subs. by the A.O. 1937, for the original sub-section which read: “(1) The L. G. may appoint to a Court of Small Causes an officer to be called the Registrar of the Court.”

 

4. Sub-section (5), which read: “A Registrar may be suspended or removed from office by the L.G.” was rep. by the A. O. 1937

13. [Other ministerial officers.] Rep. by the A.O. 1937.

14. Duties of ministerial officers.—

(1) The ministerial officers of a Court of Small Causes shall, in addition to any duties mentioned in this Act, or in any other enactment for the time being in force, as duties which are or may be imposed on any of them, discharge such duties of a ministerial nature as the Judge directs.

(2) The High Court may make rules consistent with this Act, and with any other enactment for the time being in force, conferring and imposing on the ministerial officers of a Court of Small Causes such powers and duties as it thinks fit, and regulating the mode in which powers and duties so conferred and imposed are to be exercised and performed.