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State of Jammu-Kashmir - Section

Section 16 in Small Causes Court Act, 1968 (1911 A. D.)

16. Application of the Code of Civil Procedure.

(1)[The procedure prescribed in the Code of Civil Procedure, 1977, shall, save in so far as is otherwise provided by that Code or by this Act] [Substituted by Act IX of 1988 for certain words.] 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 ex-parte or for 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 security to the satisfaction of the Court for the performance of the decree or compliance with the judgment, as the Court may direct.
(2)Where a person has become liable as surety under the proviso to sub-section (1), the security may be realised in manner provided by section [45] [Substituted by Act IX of 1988 for '253'.] of the Code of Civil Procedure, [1977] [Added by Act IX of 1988.].