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State of Rajasthan - Section

Section 35 in The Rajasthan Small Causes Courts Ordinance, 1950

35. Publication of certain orders.

- All orders required by this Ordinance to be made in writing by the [State Government] [Substituted by Rajasthan Act No. 2 of 1957.] shall be published in the [Official Gazette] [Substituted by Rajasthan Act No. 2 of 1957.].The ScheduleSuits excepted from the cognizance of a Court of Small Causes(See Section 13)
(1)A suit concerning any Act done or purporting to be done by or by order of the [State Government] [Substituted by Rajasthan Act No. 2 of 1957.];
(2)a suit concerning an act purporting to be done by any person in pursuance of a judgment or order of a Court or of a judicial officer acting in the execution of his office;
(3)a suit concerning an act or order purporting to be done or made by any other officer of the [State Government] [Substituted by Rajasthan Act No. 2 of 1957.] in his official capacity or by a Court of Wards, or by an officer of a Court of Wards in the execution of his office;
(4)a suit for the possession of immovable property or for the recovery of an interest in such property;
(5)a suit for the partition of immovable property;
(6)a suit by a mortgages of immovable property for the foreclosure of the mortgage or for the sale of the property or by a mortgagor of immovable property for the redemption of the mortgage;
(7)a suit for the assessment, enhancement, abatement or apportionment of the rent of immovable property;
(8)a suit for the recovery of rent, other than house rent unless the Judge of the Court of Small Causes has been expressly invested by the [State Government] [Substituted by Rajasthan Act No. 2 of 1957.] with authority to exercise jurisdiction with respect thereto;
(9)a suit concerning the liability of land to be assessed to land revenue;
(10)a suit to restrain waste;
(11)a suit for the determination or enforcement of any other right to or interest in immovable property;
(12)a suit for the possession of an hereditary office or of an interest in such an office including a suit to establish an exclusive or periodically recurring right to discharge the functions of an office;
(13)a suit to enforce payment, of the allowance of fees respectively called 'malikana' and 'hakk' or of ceases or other dues when the ceases or dues are payable to a persons by reason of his interest in immovable property or in an hereditary office or in a shrine or other religious institution;
(14)a suit to recovery from a person to whom compensation has been paid under the Rajasthan Land Acquisition Ordinance, 1950, the whole or any part of the compensation;
(15)a suit for the specific performance or rescission of a contract;
(16)a suit for the rectification or cancellation of an instrument;
(17)a suit to obtain an injunction;
(18)a suit relating to a trust including a suit to make good out of the general estate of a deceased trustee, the loss occasioned by a breach of trust, and a suit by a co-trustee to enforce against the estate of a deceased trustee a claim for contribution;
(19)a suit for a declaratory, decree, not being a suit instituted under rule 63 or rule 100 of Order XXI of the Code;
(20)a suit instituted under rule 63 or rule 100 of Order XXI of the Code;
(21)a suit to set aside an attachment by a Court or revenue authority, or a sale, mortgage, lease or other transfer by a Court, or a revenue authority or by a guardian;
(22)a suit for property which the plaintiff has conveyed while insane;
(23)a suit to alter or set aside a decision, decree or order of a court or of a person acting in a judicial capacity;
(24)a suit to contest an award;
(25)a suit upon a foreign judgment as defined in the Code or upon a judgment obtained in India;
(26)a suit to compel a refund of assets improperly distributed under Section 73 of the Code;
(27)a suit to compel a refund by a person to whom an executor or administrator has paid legacy or distributed assets;
(28)a suit for a legacy or for the whole or a share of a residue bequeathed by a testator, or for the whole or a share of the property of an intestate;
(29)a suit-
(a)for a dissolution of partnership or for the winding up of the business of a partnership after its dissolution;
(b)for an account of partnership transaction; or
(c)for a balance of partnership account unless the balance has been struck by the parties or their agents;
(30)a suit for an account of property and for its due administration under decree;
(31)any other suit for an account, including a suit by a mortgagor after the mortgage has been satisfied, to recover surplus collections received by the mortgagee, and a suit for the profits on immovable property belonging to the plaintiff which have been worngfully received by the defendant;
(32)a suit for a general average loss or for salvage;
(33)a suit for compensation in respect of collision between ships;
(34)a suit on a policy of insurance or for the recovery of any premium paid under any such policy;
(35)a suit for compensation-
(a)for loss occasioned by the death of a person caused by actionable wrong;
(b)for wrongful arrest, restraint or confinement;
(c)for malicious prosecution;
(d)for libel;
(e)for slander;
(f)for adultery or seduction;
(g)for breach of contract of betrothal or promise of marriage;
(h)for inducing a person to break a contract made with the plaintiff;
(i)for obstruction of an easement or diversion of a watercourse;
(j)for an act which is, or, save hero the provisions of Chapter IV of the Penal Code, would be an offence punishable under Chapter XVII of the said Code;
(k)for illegal, improper or excessive distress, attachment or search, or for trespass committed in, or damage caused by, the illegal or improper execution of any distress, search or legal process;
(l)for improper arrest under Chapter XXXIV of the Code or in respect of the issue of an injunction wrongfully obtained under Chapter XXXV of that Code; or
(m)for injury to, the person in any case not specified in the foregoing sub-clause of this clause;
(36)a suit by a Mohammadan for eligible (muajjal) or deferred (muajjal) dower;
(37)a suit for the restitution of conjugal rights, for the custody of a minor, or for a divorce;
(38)a suit relating to maintenance;
(39)a suit for arrears of land revenue, village expenses or other sums payable to the representative of a village community or to his heir or other successor in title;
(40)a suit for profits payable by the representative of a village community or by his heir or other successor in title after payment of land revenue, village expenses and other sums;
(41)a suit for contribution by a sharer in joint property in respect of a payment made by him of money due from a co-sharer, or by a manager of joint property, or a member of an undivided family in respect of a payment made by him on account of the property of family;
(42)a suit by one of several joint mortgagors of immovable property for contribution in respect of money paid by him for the redemption of the mortgaged property;
(43)a suit against the [State Government] [Substituted by Rajasthan Act No. 2 of 1957.] to recover money paid under protest in satisfaction of a claim made by a revenue authority on account of an arrear of land revenue or of a demand recoverable as an arrear of land revenue;(43-a) a suit to recover property obtained by an act which is, or, save for the provisions of Chapter IV of the Penal Code, would be, an offence punishable under Chapter XVII of the said Code;
(44)a suit the cognizance whereof by a Court of Small Causes is barred by any enactment for the time being in force.Notifications UnderRajasthan Small Cause Courts OrdinanceSection 24[Notification dated 19-4-1974, published in Rajasthan Gazette, part 1(b), dated 1-8-1974, pages 98-99]In supersession of Notification No. 1/Gen dated February 20, 1971 and in exercise of the powers conferred by section 24 of the Rajasthan Civil Courts Ordinance, 1950, read with notification No. F. 1(1) JUDGE/52, dated March 3, 1952, the High Court confers with effect from 1-4-1974, on the following civil Judges and Additional Civil Judges by virtue of their office, the jurisdiction of a Judge of a Court of Small Causes under the Rajasthan Small Cause Courts Ordinance, 1950, for the trial of suit cognizable by such courts upto the value of two hundred and fifty rupees, to be exercised within the local limits specified against each:-
S. No. Name Local limits
1. Civil Judge, Alwar Municipal limits of Alwar
2. Civil Judge, Banswada Municipal limits of Banswada
3. Civil Judge, Barmer Municipal limits of Barmer
4. Civil Judge, Bharatpur Municipal limits of Bharatpur
5. Civil Judge, Bhilwada Municipal limits of Bhilwada
6. Civil Judge, Bikaner Municipal limits of Bikaner
7. Civil Judge, Bundi Municipal limits of Bundi
8. Civil Judge, Chittorgarh Municipal limits of Chittorgarh
9. Civil Judge, Churu Municipal limits of Churu
10. Civil Judge, Dungarpur Municipal limits of Dungarpur
11. Civil Judge, Ganganagar Municipal limits of Ganganagar
12. Civil Judge, Jaisalmer Municipal limits of Jaisalmer
13. Civil Judge, Jalor Municipal limits of Jalor
14. Civil Judge, Jhalawar Municipal limits of Jhalawar
15. Civil Judge, Jhunjhunu Municipal limits of Jhunjhunu
16. Civil Judge, Kota Municipal limits of Kota
17. Civil Judge, Nagor Municipal limits of Nagor
18. Civil Judge, Pali Municipal limits of Pali
19. Civil Judge, Sawai Madhopur Municipal limits of Sawai Madhopur
20. Civil Judge, Sikar Municipal limits of Sikar
21. Civil Judge, Sirohi Municipal limits of Sirohi
22. Civil Judge, Tonk Municipal limits of Tonk
23. Additional Civil Judge, Balotara Municipal limits of Balotara
24. Additional Civil Judge, Ganganagar at Hanumangarh Municipal limits of Hanumangarh
25. Additional Civil Judge, Merta Municipal limits of Merta
26. Additional Civil Judge, Partapgarh Municipal limits of Partapgarh
[Notification dated 7-4-1977, published in Rajasthan Gazette, part 1-B, dated 5-5- 1977, page 52]In partial modification of Notification dated February 20, 1971 and in exercise of the powers conferred by section 24 of the Rajasthan Civil Courts Ordinance, 1950 read with Notification dated March 3, 1952, the High Court confers on the following Munsifs, by virtue of their office, the jurisdiction of a Judge of a Court of Small Causes under the Rajasthan Small Cause Court Ordinance, 1950, for the trial of suit cognizable by such courts upto rupees one hundred in value, to be exercised within the local limits specified against each of them: -
(1) BALOTRA JUDGESHIP
1. Munsif, Balotra Territorial limits of his jurisdiction
2. Munsif, Barmer Territorial limits of his jurisdiction excluding Municipallimits of Barmer
3. Munsif, Jalor Territorial limits of his jurisdiction excluding Municipallimits of Jalore
(2) BANSWADA JUDGESHIP
1. Munsif, Banswada Territorial limits of his jurisdiction excluding Municipallimits of Banswada
2. Munsif, Dungarpur Territorial limits of his jurisdiction excluding Municipallimits of Dungarpur
(3) BHARATPUR JUDGESHIP
1. Munsif, Bari Territorial limits of his jurisdiction
2. Munsif, Weir Territorial limits of his jurisdiction
3. Munsif, Sawai Madhopur Territorial limits of his jurisdiction excluding Municipallimits of Sawai Madhopur
(4) BHILWARA JUDGESHIP
1. Munsif, Jahazpur Territorial limits of his jurisdiction
(5) BIKANER JUDGESHIP
1. Munsif, Sardar Sahar Territorial limits of his jurisdiction
2. Munsif, Churu Territorial limits of his jurisdiction excluding Municipallimits of Churu
(6) GANGANAGAR JUDGESHIP
1. Munsif, Hanumangarh Territorial limits of his jurisdiction
2. Munsif, Nohar Territorial limits of his jurisdiction
(7) JAIPUR CITY JUDGESHIP
1. Munsif, Tonk Territorial limits of his jurisdiction excluding Municipallimits of Tonk
(8) JHUNJHUNU JUDGESHIP
1. Munsif, Sikar Territorial limits of his jurisdiction excluding Municipallimits of Sikar
2. Munsif, Shri Madhopur Territorial limits of his jurisdiction
(9) KOTA JUDGESHIP
1. Munsif, Bundi Territorial limits of his jurisdiction excluding Municipallimits of Bundi
2. Munsif, Jhalawar Territorial limits of his jurisdiction excluding Municipallimits of Jhalawar
(10) MERTA JUDGESHIP
1. Munsif, Merta Territorial limits of his jurisdiction
2. Munsif, Nagor Territorial limits of his jurisdiction excluding Municipallimits of Nagor
(11) PARTAPGARH JUDGESHIP
1. Munsif, Partapgarh Territorial limits of his jurisdiction
2. Munsif, Chittorgarh Territorial limits of his jurisdiction excluding Municipallimits of Chittorgarh.
[Notification dated 27-6-1989, published in Rajasthan Gazette part 1-B, dated 27-7-1989, page 199]The High Court in exercise of powers conferred by Section 24 of the Civil Courts Ordinance, 1950, has conferred powers of Small Cause Court under Rajasthan Small Cause Courts Ordinance to exercise powers in suits of the maximum value of Five Hundred within the area of their jurisdiction,-
S.No. Nameof Court Areaof jurisdiction
1. Civil Judge, Kotputli Kotputli Sub-Division;
2. Civil Judge, Bayana Bayana Sub-Division;
3. Civil Judge, Hindaun Hindaun Sub-Division;
4. Civil Judge, Khetadi Khetadi Sub-Division.