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Union of India - Section
Section 069 in The Provincial Small Cause Courts Act, 1887
069.
Statement of Objects and Reasons.-The suits cognizable in Courts of Small Causes are subject to certain provisos, described in section 6, Act XI of 1865, as "claims for money due on bond or other contract, or for rent, or for personal property, or for the value of such property, or for damages, when the debt, damage or demand does not exceed in amount or value the sum of five hundred rupees whether on balance of account or otherwise" and section 586 of the Code of Civil Procedure provides that "no second appeal shall lie in any suit of the nature cognizable in Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed five hundred rupees". Since section 6 of the Act of 1865 was enacted, a vast quantity of case-law has grown up around it, and, as the rulings of the Courts have not been uniform, doubts constantly arise on the question whether a suit is or is not a suit of the nature cognizable by a Court of Small Causes, and, consequently, whether or not, where the suit is of value not exceeding five hundred rupees and the original decree made in it was not final but was open to appeal, an appeal will also lie from the appellate decree in the suit. It appears to the Government of India that the conflicting constructions placed on section 6, of which some are due to the progress of legislation during the last twenty years (I.L.R. 3 All. 66), render a more accurate definition necessary of the suits of which Courts of Small Causes may take cognizance, and that legislation to this end should follow sections 18 and 19 of the Presidency Small Cause Courts Act, 1882, in declaring the jurisdiction of those Courts to extend to all suits of a civil nature, subject to specified exceptions. This Bill has accordingly been prepared, its primary object being to remove the doubts now felt as to the effect of section 6, Act XI of 1865; and, as several sections and parts of sections of that Act have, from time to time, been repealed and other sections are obsolete as regards both expression and utility, it has been considered desirable to repeal the Act and re-enact the substance of the extant portions of it..........[24 th February , 1887]...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:-| The Act has been extended to the new Provinces and merged States by the Merged States (Laws) Act 59 of 1949 and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act 30 of 1950. Manipur and Tripura are full-fledged States now, see Act 81 of 1971. Vindhya Pradesh is a part of the State of Madhya Pradesh now, see Act 37 of 1956.The Act has been extended to the Union territories of (1) Dadra and Nagar Haveli by Regulation 6 of 1963, (2) Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965.These Islands are now known as Lakshadweep, see Act 34 of 1973, Section 3 and (3) Pondicherry by Act 26 of 1968.The Act as in force in the Malabar District has been repealed by the Kerala Small Cause Courts Act, 1957.The Act ceased to apply to the City of Ahmedabad with effect from 4th November, 1961. See Gujarat Act 19 of 1961, Section 19.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), Section 25.Sections 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 under this Act, see Act 12 of 1887, Section 40.The powers of a Courts of Small Causes under this Act have been conferred upon the Courts of Sub-Divisional Officers of the Khondmals and Angul District by Section 13 of Regulations 4 and 5 of 1936, respectively. |