Order 50 CPC - Code of Civil Procedure - PROVINCIAL SMALL CAUSE COURTS

Order 50 CPC Description

Order L

PROVINCIAL SMALL CAUSE COURTS

1. Provincial Small Cause Courts

The provisions hereinafter specified shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under the Berar Small Cause Courts Law, 1905 or to Courts exercising the jurisdiction of a Court of Small Causes under the said Act or Law or to Courts in any part of India to which the said Act does not extend exercising a corresponding jurisdiction that is to say-

(a) so much of this Schedule as relates to-

(i) suits excepted from the cognizance of a Court of Small Causes or the execution of decrees in such suits;

(ii) the execution of decrees against immovable property or the interest of a partner in partnership property;

(iii) the settlement of issues; and

(b) the following rules and Orders:-

Order II, rule 1 (frame of suit);

Order X, rule 3 (record of examination of parties);

Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment;

Order XVIII, rules 5 to 12 (evidence);

Orders XLI to XLV (appeals);

Order XLVII, rules 2, 3,5,6,7 (review);

Order LI.

STATE AMENDMENT

Allahabad.-In Order L, in rule 1, in clause (b), after the words "Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment", insert the words "and rule 5".

[Vide President Act 19 of 1973 as re-enacted by Uttar Pradesh Act 30 of 1974.]

HIGH COURT AMENDMENT

Kerala.-In Order L,-

(i) for the heading, substitute the following heading, namely:-

"SUITS TRIABLE AS SMALL CAUSES",

(ii) in rule 1, for the first paragraph, substitute the following paragraph, namely:-

"The provisions contained here in after specified shall not extend to Civil Courts exercising small cause jurisdiction."

(iii) in rule 1, in clause (b), omit the word and figures "Order XLI."