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The Small Cause Courts Act, 1887

( ACT NO. IX OF 1887 )

অধ্যায় এর নাম V

SUPPLEMENTAL PROVISIONS

Subordination of Courts of Small Causes
28. (1) A Court of Small Causes shall be subject to the administrative control of the District Court and to the superintendence of the 1[High Court Division], and shall-
 
 
(a) keep such registers, books and accounts as the 2[High Court Division] from time to time prescribes, and
 
 
(b) comply with such requisitions as may be made by the District Court, the 3[High Court Division] or the Government for records, returns and statements in such form and manner as the authority making the requisition directs.
 
 
(2) The relation of the District Court to a Court of Small Causes, with respect to administrative control, shall be the same as that of the District Court to a Civil Court of the lowest grade competent to try an original suit of the value of 4[one lac Taka] in that portion of the territories administered by the Government in which the Court of Small Causes is established.
Power of District Court to withdraw and transfer cases

5[28A. (1) Where a District Court is satisfied that any particular suit cannot be adequately tried by a Court of Small Causes it may withdraw such suit from that Court and-

 
 

(i) try or dispose of that suit itself, or

 
 

(ii) transfer such suit to another Court subordinate to the District Court.

 
 

(2) Where any suit is so withdrawn, the District Court or the Court to which such suit is transferred shall try and dispose of the same as if such suit were not cognizable by a Court of Small Causes.]

Seal
29. A Court of Small Causes shall use a seal of such form and dimensions as are prescribed by the Government.
Abolition of Courts of Small Causes
30. The Government may, by order in writing, abolish a Court of Small Causes.
Saving of Power to appoint Judge of Court of Small Causes to other office
31.(1) Nothing in this Act shall be construed to prevent the appointment of a person who is a Judge or Additional Judge of a Court of Small Causes to be also a Judge of any other Civil Court or to be a Magistrate of any class or to hold any other public office.
 
 
(2) When a Judge or Additional Judge is so appointed, the ministerial officers of his Court shall, subject to any rules which the Government may make in this behalf, be deemed to be ministerial officers appointed to aid him in the discharge of the duties of the other office.
Application of Act to Courts invested with jurisdiction of Courts of Small Causes
32. (1) So much of Chapters III and IV as relates to-
 
 
(a) the nature of the suits cognizable by Courts of Small Causes,
 
 
(b) the exclusion of the jurisdiction of other Courts in those suits,
 
 
(c) the practice and procedure of Courts of Small Causes,
 
 
(d) appeal from certain orders of those Courts and revision of cases decided by them, and
 
 
(e) the finality of their decrees and orders subject to such appeal and revision as are provided by this Act,
 
 
applies to Courts invested by or under any enactment for the time being in force with the jurisdiction of a Court of Small Causes so far as regards the exercise of that jurisdiction by those Courts.
 
 
(2) Nothing in sub-section (1) with respect to Courts invested with the jurisdiction of a Court of Small Causes applies to suits instituted or proceedings commenced in those Courts before the date on which they were invested with that jurisdiction.
Application of Act and Code to Court so invested as to two Courts
33. A Court invested with the jurisdiction of a Court of Small Causes with respect to the exercise of that jurisdiction, and the same Court with respect to the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, shall, for the purposes of this Act and the Code of Civil Procedure, be deemed to be different Courts.
Modification of Code as so applied
34. Notwithstanding anything in the last two foregoing sections,-
 
 
(a) when in exercise of the jurisdiction of a Court of Small Causes, a Court invested with that jurisdiction sends a decree for execution to itself as a Court having jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, or
 
 
(b) when a Court, in the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, sends a decree for execution to itself as a Court invested with the jurisdiction of a Court of Small Causes,
 
 
the documents mentioned in 6[Order XXI, rule 6 of the Code of Civil Procedure, 1908,] shall not be sent with the decree unless in any case the Court, by order in writing, requires them to be sent.
Continuance of proceedings of abolished Courts
35. (1) Where a Court of Small Causes, or a Court invested with the jurisdiction of a Court of Small Causes, has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to the case, whether before or after decree, which, if the Court had not ceased to have jurisdiction, might have been had therein, may be had in the Court which, if the suit out of which the proceeding has arisen were about to be instituted, would have jurisdiction to try the suit.
 
 
(2) Nothing in this section applies to cases for which special provision is made in the 7[Code of Civil Procedure, 1908,] as extended to Courts of Small Causes or in any other enactment for the time being in force.
[Repealed]
36. [Repealed by the Limitation Act, 1908 (Act No. IX of 1908).]
Publication of certain orders
37. All orders required by this Act to be made in writing by the Government shall be published in the official Gazette.

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Ministry of Law, Justice and Parliamentary Affairs