Print View

The Small Cause Courts Act, 1887

( ACT NO. IX OF 1887 )

Chapter IV

PRACTICE AND PROCEDURE

Application of the Code of Civil Procedure
17.(1) The procedure prescribed in the Code of Civil Procedure, 1908, shall, save in so far as is otherwise provided by that Code or by this Act, be the procedure followed in a Court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits:
 
 
Provided that an applicant for an order to set aside a decree passed exparte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the amount due from him under the decree or in pursuance of the judgment, or give such security for the performance of the decree or compliance with the judgment as the Court may, on a previous application made by him in this behalf, have directed.
 
 
(2) Where a person has become liable as surety under the proviso to sub-section (1), the security may be realized in manner provided by section 145 of the Code of Civil Procedure, 1908.
[Omitted]
18 [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
[Omitted]
19. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
[Omitted]
20. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
[Omitted]
21. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
[Omitted]
22. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
Return of plaints in suits involving questions of title
23. (1) Notwithstanding anything in the foregoing portion of this Act, when the right of a plaintiff and the relief claimed by him in a Court of Small Causes depend upon the proof or disproof of a title to immoveable property or other title which such a Court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the title.
 
 
(2) When a court returns a plaint under sub-section (1), it shall comply with the provisions of the 1[Code of Civil Procedure,
 
 
1908, Schedule I, Order VII, rule 10]; and make such order with respect to costs as it deems just, and the Court shall, for the purposes of the 2[Limitation Act, 1908], be deemed to have been unable to entertain the suit by reason of a cause of a nature like to that of defect of jurisdiction.
Appeal from certain orders of Courts of Small Causes
24. Where an order specified in clause (ff) or clause (h) of sub-section (1) of section 104 of the Code of Civil Procedure, 1908, is made by a Court of Small Causes, an appeal therefrom shall lie to the District court on any ground on which an appeal from such order would lie under that section.
Revision of decrees and orders of Courts of Small Causes
25. The 3[High Court Division], for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit.
[Repealed]
26. [Repealed by section 4 of the Presidency Small Cause Courts Law Amendment Act, 1888 (Act No. X of 1888),.]
Finality of decrees and orders
27. Save as provided by this Act, a decree or order made under the foregoing provisions of this Act by a Court of Small Causes shall be final.
Application for distress warrant
4[27A. (1) Any person claiming to be entitled to arrears of rent of any house or premises situate within the local limits of the Court's jurisdiction of which the annual rent does not exceed 5[twenty five thousand Taka] or, where the Court is empowered under sub-section (3) or section 15, 6[thirty thousand Taka] may apply to the Court for a distress warrant.
 
 
(2) The application shall be supported by an affidavit or affirmation to the effect of Form A given in the Third Schedule.
 
 
(3) Nothing in this section shall apply to-
 
 
(a) any rent due to Government;
 
 
(b) any rent which has been due for more than twelve months before the application mentioned in sub-section (1) is made.
Application to discharge or suspend warrant
27B. (1) The debtor or any other person alleging himself to be the owner of any property seized under a distress warrant under section 27A may, at any time within five days or such extended time as the Court may grant for reasons recorded in writing from such seizure, apply to the Court to discharge or suspend the warrant, or to release a distrained article and the court may discharge or suspend such warrant or release such article accordingly, upon such terms as it thinks just and the Court may, in its discretion, give reasonable time to the debtor to pay the rent due from him.
 
 
(2) Upon any such application, the costs attending it and attending the issue and execution of the warrant shall be in the discretion of the Court and shall be paid as the Court directs.]

  • 1
    The words, commas and figures “Code of Civil Procedure, 1908, Schedule 1, Order VII, rule 10” were substituted, for the words and figure “second paragraph of section 57 of the Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration), Act, 1973 (Act No. VIII of 1973).
  • 2
    The words, comma and figure “Limitation Act, 1908” were substituted, for the words, comma and figure “Indian Limitation Act, 1877” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act 1973 (Act No. VIII of 1973).
  • 3
    The words “High Court Division” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act 1973 (Act No. VIII of 1973)
  • 4
    Sections 27A and 27B were inserted by section 3 of the Provincial Small Cause Courts (Amendment) Ordinance, 1962 (Ordinance No. LI of 1962).
  • 5
    The words “twenty five thousand Taka” and “thirty thousand Taka” were substituted, for the words “twelve thousand Taka” and “fifteen thousand Taka” respectively by section 3 of the Small Cause Courts (Amendment) Act, 1990 (Act No. XLVII of 1990).
  • 6
    The words “twenty five thousand Taka” and “thirty thousand Taka” were substituted, for the words “twelve thousand Taka” and “fifteen thousand Taka” respectively by section 3 of the Small Cause Courts (Amendment) Act, 1990 (Act No. XLVII of 1990).
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs