- If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of any enactment or law in force immediately before the commencement of this Act, the High Court may be notification make such provisions as appear to it to be necessary or expedient for removing the difficulty.The ScheduleSuits Excepted from The Cognizance of a Court of Small Causes(See Section 16)(1)A suit concerning any Act done or purporting to be done by or by order of the Central Government or the State Government;(2)A suit concerning an act purporting to be done by any person in pursuance of a judgement 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 Government 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 mortgage of immovable property for the foreclosure of the mortgage or for the scale of the property, or by a mortgage of immovable property for the redemption of the mortgage;(7)A suit to enforce a charge whether created by contract or by statute or by decree of Court;(8)A suit for the assessment enhancement, abatement or apportionment of the rent of immovable property;(9)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 Government with authority to exercise jurisdiction with respect thereto;(10)A suit concerning the liability of land to be assessed to land revenue;(11)A suit to restrain waste;(12)A suit for the determination or enforcement of any other right to, or interest in immovable property;(13)A suit for the possession of any hereditary office or of an interest in such an office, including a suit to establish and exclusive or periodically recurring right to discharge the functions of an office;(14)A suit to enforce payment of any allowance or fees paid to families or individuals by the Government, or of cesses or other dues when the cesses of dues are payable to a person by reason of his interest in immovable property or in an hereditary office or in a shrine or other religious institutions;(15)A suit to recovery from a person to whom compensation has been paid under the Land Acquisition Act for the time being in force the whole or any part of the compensation;(16)A suit for the specific performance or rescission of a contract;(17)A suit for the rectification or cancellation of an instrument;(18)A suit to obtain an injunction;(19)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 enforce against the estate of a deceased trustee a claim for contribution;(20)A suit for a declaratory decree;(21)A suit instituted under Order XXI, Rule 63, or Order XXI, Rule 103 of the First Schedule to the Code;(22)A suit to set aside an attachment by a Court or a revenue authority, or a sale, mortgage, lease or other transfer by a Court or a revenue authority, or by a guardian;(23)A suit for property which the plaintiff has conveyed while insane;(24)A suit to alter or set aside a decision, decree or order of a Court or of a person acting in a judicial capacity;(25)A suit to contest an award;(26)A suit upon a foreign judgement as defined in the Code or upon a judgement obtained in India;(27)A suit to compel a refund of assets improperly distributed under Section 73 of the Code;(28)A suit under Section 360 of the Indian Succession Act, 1925 (39 of 1925) to compel a refund by a person to whom an executor or administrator has paid legacy or distributed assets;(29)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;(30)A suit-(a)for dissolution of partnership or for the winding up of the business of partnership after its dissolution;(b)for an account of partnership transactions; or(c)for a balance of partnership account, unless the balance has been struck by the parties or their agents;(31)A suit for an account of property and for its due administration under decree;(32)Any other suit for an account, including a suit by a mortgage, after the mortgage has been satisfied, to recovery surplus collections, received by the mortgage, and a suit for the profits on immovable property belonging to the plaintiff which have been wrongfully received by the defendant;(33)A suit for a general average loss or for salvage;(34)A suit for compensation in respect of collision between ships;(35)A suit on a policy of insurance or for the recovery of any premium paid under any such policy;(36)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 water course;(j)for an act which is, or save for the provisions of Chapter IV of the Indian Penal Code (45 of 1860), 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 the Code or in respect of the issue of an injunction wrongfully obtained under the said Code; or (m) for injury to the person in any case not specified in the foregoing sub-Clauses of this Clause;(37)A suit by a Muhammadan for exigible (Muajjal) or deferred (muwajjal) dower;(38)A suit for the restitution of conjugal rights, for the custody of a minor, or for a divorce;(39)A suit relating to maintenance;(40)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;(41)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;(42)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 or family;(43)Suits 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;(44)A suit against the Government or recovery money paid under protest in satisfaction of a claim made by revenue authority on account of an arrear of land revenue or of a demand recoverable as an arrear of land revenue;(45)A suit to recover property obtained by an Act which is, or save for the provisions of Chapter IV of the Indian Penal Code (Act 45 of 1860) would be an offence punishable under Chapter XVII of the said Code;(46)A suit the cognizance whereof in a Court of Small Causes is barred by any enactment for the time being in force.
