Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 8] [Entire Act]

Union of India - Section

Section 37 in The Provincial Small Cause Courts Act, 1887

37. Publication of certain orders.

- All orders required by this Act to be made in writing by the [State Government] [Substituted by A.O.1950, for "Provincial Government" .] shall be published in the Official Gazette.The First ScheduleEnactments Repealed. [Repealed by the Amending Act, 1891 (12 of 1891), section 2 and Schedule I.]...The Second ScheduleSuits Excepted from the Cognizance of a Court of Small Causes(See section 15)
(1)[ A suit concerning any act done or purporting to be done by or by order of the Central Government, the Crown Representative or the State Government;] [Substituted by A.O.1937, for paragraph (1).]
(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 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 mortgagee 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 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 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 or fees respectively called malikana and hakk, or of cesses or other dues when the cesses or 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 institution;
(14)a suit to recover from a person to whom compensation has been paid under the [Land Acquisition Act, 1870 (10 of 1870)] [Now see the Land Acquisition Act, 1894 (1 of 1894).], 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 [section 283] [Now see the Code of Civil Procedure, 1908 (5 of 1908), First Schedule, Order 21, Rule 63 and 100, respectively.] or section 332 of the Code of Civil Procedure, 1882 (14 of 1882);
(20)a suit instituted under [section 283] [Now see the Code of Civil Procedure, 1908 (5 of 1908), First Schedule, Order 21, Rule 63 and 100, respectively.] or section 332 of the Code of Civil Procedure, 1882 (14 of 1882);
(21)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;
(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 on award;
(25)a suit upon a foreign judgment as defined in the [Code of Civil Procedure, 1882 (14 of 1882)] [Now see the Code of Civil Procedure, 1908 (5 of 1908).]or upon a judgment obtained in [India] [Substituted by the Adaptation of Laws (No.2) Order, 1956, for "a Part A State or a Part C State" .];
(26)a suit to compel a refund of assets improperly distributed under [section 295] [Now see the Code of Civil Procedure, 1908 (5 of 1908), Section 73.] of the Code of Civil Procedure, 1882 (14 of 1882);
(27)a suit under the [Indian Succession Act, 1865 (10 of 1865)] [Now see the Indian Succession Act, 1925 (30 of 1925), Sections 360 and 361.], section 320 or section 321, or under the Probate and Administration Act, 1881 (5 of 1881), section 139 or section 140, to compel a refund by a person to whom an executor or administrator has paid a 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 wrongfully 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 water-course;
(ii)[ 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;] [Inserted by Act 6 of 1914, Section 2.]
(j)[ for illegal, improper or excessive distress, attachment or search, or for tresspass committed in, or damage caused by, the illegal or improper execution of any distress, search or legal process;] [Substituted by Act 6 of 1914, Section 2, for Clause (j).]
(k)for improper arrest under [Chapter XXXIV] [Now see the Code of Civil Procedure, 1908 (5 of 1908), Sch.I, Order 38 and 39, respectively, and Section 95.] of the Code of Civil Procedure, 1882 (14 of 1882) or in respect of the issue of an injunction wrongfully obtained under [Chapter XXXIV] [Now see the Code of Civil Procedure, 1908 (5 of 1908), Sch.I, Order 38 and 39, respectively, and Section 95.] of that Code; or
(l)for injury to the person in any case not specified in the foregoing sub-clauses of this clause;
(36)a suit by a Muhammadan for exigible (muajjal) or deferred (muwajjal) dower;
(37)a suit for restitution of conjugal rights, [* * *] [The words "for the recovery of a wife" repealed by the Repealing and Amending Act 10 of 1914, Section 2 and Sch.II.] 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 or 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 Government 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 Indian Penal Code (45 of 1860), would be, an offence punishable under Chapter XVII of the said Code;] [Inserted by Act 6 of 1914, Section 3.]
(44)a suit the cognizance whereof by a Court of Small Causes is barred by any enactment for the time being in force.THE FIRST SCHEDULE[ENACTMENTS REPEALED] Repealed by the Amending Act, 1891 (12 of 1891), Section 2 and Sch.I.{This Schedule has been amended in its application to the Bombay Presidency by Section 2 of the Provincial Small Cause Courts (Bombay Amendment) Act, 1930 (Bom. 6 of 1930); and by Section 2 of the Provincial Small Cause Courts (Bombay Amendment) Act, 1932 (Bom. 9 of 1932).}THE SECOND SCHEDULESUITS EXCEPTED FROM THE COGNIZANCE OF A COURT OF SMALL CAUSES(See section 15)
(1)[ A suit concerning any act done or purporting to be done by or by order of the Central Government, the Crown Representative or the State Government;] [Substituted by A.O. 1937, for paragraph (1)]
(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 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;
State Amendments- [Gujarat]. - Same as that of maharastra. - Act 11 of 1960, Section 87 and Gujarat A.L.O., 1960. The Act, however, ceases to apply to the City of Ahmedabad. See Gujarat Act 19 of 1961, Section 19 (w.e.f. 4-11-1961)[Maharashtra].-In its application to the State of Maharashtra, Cl. (4) shall be deleted.- Maharashtra Act 24 of 1984, Section 5 (w.e.f. 1-1-1985). Prior to deletion, after the words "such property", following was inserted:"but not including a suit for ejectment where(a) the property has been let under a lease by a written instrument or orally, and(b) the Court of Small Causes would be competent to take cognizance of a suit for the rent of the property, and(c) the only substantial issue arising for decision is as to whether the lease has determined by efflux of the time limited thereby or has been determined by a notice in accordance with clause (h) of section 111 of the Transfer of Property Act, 1882."-Bombay Act 6 of 1930, Section 3(1) (w.e.f. 9-5-1930); Act 9 of 1932, Section 2 (w.e.f. 10-11-1932) read with Act 87 of 1958, Section 2 (w.e.f. 15-10-1958);Act 11 of 1960, Section 3.[Uttar Pradesh].-In its application to the State of Uttar Pradesh, for Cl. (4), substitute the following clause, namely:"(4) a suit for the possession of immovable property or for the recovery of an interest in such property, but not including a suit by a lessor for the eviction of a lessee from a building after the determination of his lease, and for the recovery from him of compensation for the use and occupation of that building after such determination of lease.Explanation.-For the purposes of this article, the expression "building" means a residential or non-residential roofed structure, and includes any land (including any garden), garages, out-houses, appurtenant to such building, and also includes any fittings and fixtures affixed to the building for the more beneficial enjoyment thereof."-Uttar Pradesh Act 37 of 1972, Section 4 (w.e.f. 20-9-1972).(5) a suit for the partition of immovable property;(6) a suit by a mortgagee 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 with authority to exercise jurisdiction with respect thereto;State Amendments-[Maharashtra].-In its application to the State of Maharashtra, Cl. (8) shall be deleted.-Maharashtra Act 24 of 1984, Section 5 (w.e.f. 1-1-1985).[Uttar Pradesh].-In its application to the State of Uttar Pradesh, in Sch. 11, Cl. (8) shall be omitted.-Uttar Pradesh Act 24 of 1954, Section 2 and Sch. (w.e.f. 30-11-1954).(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 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 or fees respectively called ntalikana and hakk, or of cesses or other dues when the cesses or 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 institution;State Amendment-[Maharashtra].-In its application to the State of Maharashtra, in Cl. (13), after the words "other religious institution", insert "but not including any such suit where the right is based on a contract reduced to writing".-Maharashtra Act 24 of 1984, Section 5 (w.e.f. 1-1-1985).(14) a suit to recover from a person to whom compensation has been paid under the Land Acquisition Act, 1870 (10 of 1870), 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;State Amendments-[Gujarat].-Same as that of Maharashtra.-Act 11 of 1960, Section 87 and Gujarat A.L.O, 1960. The Act, however, ceases to apply to the City of Ahmedabad. See Gujarat Act 19 of 1961, Section 19 (w.e.f. 4-11-1961).[Maharashtra].-In its application to the State of Maharashtra, in Cl. (18) for the words "relating to a trust", substitute "to enforce a trust"-Bombay Act 6 of 1930, Section 3(2) (w.e.f. 9-5-1930) read with Act 87 of 1958, Section 2 (w.e.f. 15-10-1959); Act 11 of 1960, Section 3.(19) a suit for a declaratory decree, not being a suit instituted under 2 section 283 or section 332 of the Code of Civil Procedure, 1882 (14 of 1882);(20) a suit instituted under 2section 283 or section 332 of the Code of Civil Procedure, 1882 (14 of 1882);State Amendments-[Gujarat].-Same as that of Maharashtra.-Act 11 of 1960, Section 87 and Gujarat A.L.O, 1960. The Act, however, ceases to apply to the City of Ahmedabad. See Gujarat Act 19 of 1961, Section 19 (w.e.f. 4-11-1961).[Maharashtra].-In its application to the State of Maharashtra, in Cl. (20), after the words "Code of Civil Procedure", add "in respect of any immovable property".-Bombay Act 6 of 1930, Section 3(3) (w.e.f. 9-5-1930) read with Act 87 of 1958, Section 2 (w.e.f. 15-10-1958); Act 11 of 1960, Section 3.(21) 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;State Amendments-[Gujarat].-Same as that of Maharashtra.-Act 11 of 1960, Section 87 and Gujarat A.L.O, 1960. The Act, however, ceases to apply to the City of Ahmedabad. See Gujarat Act 19 of 1961, Section 19 (w.e.f. 4-11-1961).[Maharashtra].-In its application to the State of Maharashtra, in Cl. (21),-(a) after the word "attachment", add "of any immovable property";(b) after the word "transfer", add "of any such property".-Bombay Act 6 of 1930,Section 3(4) (w.e.f. 9-5-1930) read with Act 87 of 1958, Section 2 (w.e.f. 15-10-1958); Act 11 of 1960, Section 3.(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 of Civil Procedure, 1882 (14 of 1882)' or upon a judgment obtained in '[India];(26) a suit to compel a refund of assets improperly distributed under 'section 295 of the Code of Civil Procedure, 1882 (14 of 1882);State Amendments-[Maharashtra].-In its application to the State of Maharashtra, Cls. (25) and (26) shall be omitted.-Maharashtra Act 24 of 1984, Section 5 (w.e.f. 1-1-1985).[Uttar Pradesh].-In its application to the State of Uttar Pradesh, Cl. (26) shall be omitted.-Uttar Pradesh Act 24 of 1954, Section 2 and Sch. (w.e.f. 30-11-1954).(27) a suit under the 'Indian Succession Act, 1865 (10 of 1865), section 320 or section 321, or under the Probate and Administration Act, 1881 (5 of 1881), section 139 or section 140, to compel a refund by a person to whom an executor or administrator has paid a 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 wrongfully received by the defendant;State Amendments-[Gujarat].-Same as that of Maharashtra.-Act 11 of 1960, Section 87 and Gujarat A.L.O, 1960. The Act, however, ceases to apply to the City of Ahmedabad. See Gujarat Act 19 of 1961, Section 19 (w.e.f. 4-11-1961).[Maharashtra].-In its application to the State of Maharashtra, in Cl. (31) of Sch. II, for the words "and a suit for the profits on immovable property belonging to the plaintiff which have been wrongfully received by the defendant", substitute "but not including a suit for mesne profits".-Bombay Act 6 of 1930, Section 3(5) (w.e.f. 9-5-1930) read with Act 87 of 1958, Section 2 (w.e.f. 15-10-1958); Act 11 of 1960, Section 3.(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;State Amendment-[Uttar Pradesh].-In its application to the State of Uttar Pradesh, in Sch. II, Cl. 34 shall be omitted.-Uttar Pradesh Act 24 of 1954, Section 2 and Sch. (w.e.f. 30-11-1954).(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 water-course;(ii) [ 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;] [Inserted by Act 6 of 1914, Section 2](j) [ for illegal, improper or excessive distress, attachment or search, or for tresspass committed in, or damage caused by, the illegal or improper execution of any distress, search or legal process;] [Substituted by Act 6 of 1914, Section 2, for Cl. (j).](k) for improper arrest under Chapter XXXIV of the Code of Civil Procedure, 1882 (14 of 1882) or in respect of the issue of an injunction wrongfully obtained under Chapter XXXV of that Code; or(l) for injury to the person in any case not specified in the foregoing sub-clauses of this clause;State Amendment-[Uttar Pradesh].-In its application to the State of Uttar Pradesh, Sub-Cl. (ii) of Cl. (35) shall be omitted.-Uttar Pradesh Act 24 of 1954, Section 2 and Sch. (w.e.f. 30-11-1954).(36) a suit by a Muhammadan for exigible (mu'njjal) or deferred (mu'wajjal) dower;(37) a suit for restitution of conjugal rights,[* * *] [The words " for the recovery of a wife" repealed by the Repealing and Amending Act 10 of 1914, Section 2 and Sch. II]for the custody of a minor, or for a divorce;(38) a suit relating to maintenance;State Amendments-[Maharashtra].-In its application to the State of Maharashtra, in Cl. (38), after the words "relating to maintenance" add "but not including any suit where the right is based on a contract reduced in writing".-Maharashtra Act 24 of 1984, Section 5 (w.e.f. 1-1-1985). [Uttar Pradesh].-In its application to the State of Uttar Pradesh, for Cl. (38), substitute the following clause, namely :-"(38) a suit relating to maintenance but not being a suit for recovery of arrears of maintenance based upon a decree or written arrangement."-Uttar Pradesh Act 24 of 1954, Section 2 and Sch. (w.e.f. 30-11-1954).(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 or 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 Government 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 Indian Penal Code (45 of 1860), would be, an offence punishable under Chapter XVII of the said Code;] [Inserted by Act 6 of 1914, Section 3]State Amendment-[Uttar Pradesh].-In its application to the State of Uttar Pradesh, Cl. (43-A) shall be omitted.-Uttar Pradesh Act 24 of 1954, Section 2 and Sch. (w.e.f. 30-11-1954).(44) a suit the cognizance whereof by a Court of Small Causes is barred by any enactment for the time being in force.State Amendments-[Gujarat].-Same as that of Maharashtra.-Act 11 of 1960, Section 87 and Gujarat A.L.O, 1960. The Act, however, ceases to apply to the City of Ahmedabad. See Gujarat Act 19 of 1961, Section 19 ( w.e.f. 4-11-1961).[Maharashtra].-In its application to the State of Maharashtra, after the Second Schedule, insert the following Schedule, namely,
THE THIRD SCHEDULEFORM A(See section 27-B)In the Court of Small Causes of ......................................................................A.B ................................................................................................................................................................................................................................................................(Plaintiff)versusC. D ..........................................................................................................................................................................................................................................................(Defendant).A.B., of ................................... in the town of ........................ maketh oath (or affirms) andsaith that C.D ................... of .......................... is justly indebted to ......................... in the sum of Rs . ................. for arrears of rent of the house and premises No................. situated at ................ in the town of/village ............................ due for ................. months, to wit, from ................ to ......................., at the rate of Rs.................... per mensem.Sworn (or affirmed) before me .................... day of ...........................20.......Judge of the Court of Small Causes of ..............................................FORM B(See section 27-C)In the Court of Small Causes of ....................................Form of WarrantI hereby direct you to distrain the movable property of C.D., on the house and premises situated at No ............................. in the town/village of ............................... for the sum of ....................................... Rupees, and the costs of the distress, according to the provisions of Chapter IV-A of the Provincial Small Cause Courts Act, 1887.Dated the ............................ day of ............................ 20.......ToE.F., Bailiff.(Signed and Sealed)FORM C(See section 27-I)In the Court of Small Causes of ......................................................................Form of Inventory and Notice(State particulars of property seized)Take notice that I have this day seized the movable property contained in the above inventory for the sum of .................. Rupees, being the amount of ................. months' rent due to A.B., at .............. last, and that unless you pay the amount thereof, together with the costs of this distress, within fifteen days from the date hereof, or obtain an order from the Court of Small Causes to the contrary, the same will be appraised and sold pursuant to the provisions of Chapter IV-A of the Provincial Small Cause Courts Act, 1887.Dated the ............................ day of ............................20.......ToC. D.
(Signed)E.F.,
Bailiff.FORM D(See section 27-N)In the Court of Small Causes of .........................................................................Take notice that I have appraised the movable property seized on the ................ day of ..................... under the provisions of Chapter IV-A of the Provincial Small Cause Courts Act, 1887, of which seizure and property a notice and inventory were duly served upon you (or upon ................ on your behalf, as the case may be) under date the .................. and that the said property will be sold on the ........................... (two clear days at least after the date of the notice) at ..................... pursuant to the provisions of the said Act.Dated the ............................ day of ............................20.......
(Signed)E.F.,
Nazir and Appraiser.ToC.D.FORM E(See section 27-P)In the Court of Small Causes of ...........................................Scale of fees to be levied in distraints for house rent
Sums sued for Affidavit and warrant to distrain Order to sell Commission Total
Rs.Rs. Rs.n.P. Rs.n.P. Rs.n.P. Rs.n.P.
1 and under 5 0-50 0-50 0-50 1-25
5 “10 0-50 0-50 1-00 2-00
10 “15 0-50 0-50 1-50 2-50
15 “20 0-50 1-00 2-00 3-50
20 “25 0-75 1-00 2-50 4-25
25 “30 1-00 1-00 3-00 5-00
30 “35 1-00 1-00 3-50 5-50
35 “40 1-00 1-50 4-00 6-50
40 “45 1-25 2-00 4-50 7-75
45 “50 1-50 2-00 5-00 8-50
50 “60 2-00 2-00 6-00 10-00
60 “80 2-50 2-50 6-50 11-50
80 “100 3-00 3-00 7-00 13-00
Upwards of 100 3-00 3-00 7 per centum ….
The above scale includes all expenses, except in suits where the tenant disputes the landlord's claim, and witnesses have to be summoned, in which case each summons must be paid for at twenty-five naye paise each for sums under Rupees 40 and seventy-five naye paise each for sums above that amount, and also where peons are kept in charge of property distrained such fee not exceeding seventy-five naye paise per day as may be fixed by the Registrar of Small Cause Court must be paid per man."-Bombay Act 87 of 1958, Section 8 (w.e.f. 15-10-1958); Act 11 of 1960, Section 3.