17. Investment of small cause powers to courts of Senior Civil Judges or Civil Judges.
(1)The High Court may, by notification, invest, with such restriction as it shall from time determine, any Court of Senior Civil Judge or a Court of Civil Judge with the jurisdiction for the trial of suit cognizable by a Court of Small Causes established under the Provincial Small Causes Courts Act, 1887 upto such amount as it may deem proper.(2)The High Court may, by notification withdraw or alter whenever it thinks fit such jurisdiction of any Court of Senior Civil Judge or Civil Judge, so invested.(3)(a)The provisions of the Provincial Small Cause Act, 1887 (9 of 1887) applicable to Courts of Small Causes, shall apply to a Court invested under sub-section (1) with the jurisdiction of a Court of Small Causes, so far as the exercise of that jurisdiction by those Courts.(b)Nothing in sub-clause (a) shall, with respect to the Courts invested with the jurisdiction of a Court of Small Causes, apply to suit instituted or proceedings commenced in those Courts prior to the date on which they were invested with that jurisdiction.(4)A Court invested with the jurisdiction of a Court of Small Causes under subsection (1) with respect to the exercise of that jurisdiction and the same Court with respect to the exercise of its jurisdiction in suits of Civil nature which are not cognizable by a Court of Small Causes shall, for the purposes of this act and the Code be deemed to be different Courts.(5)Notwithstanding anything contained in this Act-(a)when in the 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 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 sends invested with the jurisdiction of a Court of Small Causes.the documents mentioned in rule 6 of Order XXI of the Code shall not be sent with the decree unless in any case the Court, by order in writing requires them to be sent.
