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[Cites 0, Cited by 0] [Section 18] [Entire Act]

Bengal Presidency - Subsection

Section 18(1) in Presidency Small Cause Courts Act, 1882

(1)Subject to the exceptions in section 19, [the Small Cause Court shall have jurisdiction and the High Court shall not have jurisdiction to try all suits of a civil nature] -when the amount or value of the subject-matter [does not exceed ten thousand rupees]; and -
(a)the cause of action has arisen, either wholly or in part, within the local limits of the jurisdiction of the Small Cause Court, and the leave of the Court has, for reasons to be recorded by it in writing, been given before the institution of the suit, or
(b)all the defendants, at the time of the institution of the suit, actually and voluntarily reside, or carry on business, or personally work for gain, within such local limits; or
(c)any of the defendants at the time of the institution of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, within such local limits, and either the leave of the Court has been given before the institution of the suit, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution:
[Provided that where the cause of action has arisen wholly within the local limits aforesaid, and the Court refuses to give leave for the institution of the suit, it shall record in writing its reasons for such refusal.]Explanation I. - When in any suit the sum claimed is, by a set-off admitted by both parties, reduced to a balance [not exceeding ten thousand rupees] the Small Cause Court shall have jurisdiction to try such suit.Explanation II. - Where a person has a permanent dwelling at one place and also a lodging at another place for a temporary purpose only, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary lodging.Explanation III. - A Corporation or Company shall be deemed to carry on business at its sole or principal office in [India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.[(2) Notwithstanding anything contained in section 19 or sub-section (1) of this section, but subject to the provisions of sub-clause (iii) of clause (1) of the First Schedule to the West Bengal Premises Tenancy Act, 1956, the Small Cause Court shall have jurisdiction to try all suits and proceedings for eviction of a tenant under Chapter III of the said Act as a civil court of ordinary original jurisdiction.][(3) Notwithstanding anything contained elsewhere in this Act, in respect of suits and proceedings referred to in sub-section (2), the summons and process shall be served in the manner provided by the Code of Civil Procedure, 1908, for the service of summons and process.]