PROVINCIAL SMALL CAUSE COURTS ACT, 1887

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: dad473d2c4d262e420cfe5f096919ab3f555db1ffc5d5979b7261b2732ffe4af.

THE PROVINCIAL SMALL CAUSE COURTS ACT, 1887
(IX OF 1887)
CONTENTS
CHAPTER-I
PRELIMINARY
1. Title, extent and commencement
2. [Repealed] 
3. Savings
4. Definition      
CHAPTER-II
CONSTITUTION OF COURTS OF SMALL CAUSES
5. Establishment of Courts of Small Causes
6. Judge
7. Appointment of times of sitting in certain circumstances
8. Additional Judges
9. [Repealed]
10. Power to require two judges to sit as a bench
11. Decisions in case heard by a bench
12. Registrar
13. [Repealed] 
14. Duties of ministerial officers
CHAPTER-III
JURISDICTION OF COURTS OF SMALL CAUSES
15. Cognizance of suits by Courts of Small Causes
16. Exclusive jurisdiction of Courts of Small Causes
CHAPTER-IV
PRACTICE AND PROCEDURE
17. Application of the Code of Civil Procedure
18. Trial of suits by Registrar
19. Admission, return and rejection of plaints by Registrar
20. Passing of decrees by Registrar on confession
21. Execution of decrees by Registrar
22. Adjournment of cases by chief ministerial officer
23. Return of plaints in suits involving question of title
24. Appeal from certain orders of Courts of Small Causes
25. Revisions of decrees and orders of Courts of Small Causes
26. [Repealed] 
27. Finality of decrees and orders
27-A. Application for distress warrant
27-B. Application to discharge or suspend warrant
CHAPTER-V
SUPPLEMENTAL PROVISIONS
28. Subordination of Courts of Small Causes
28-A power of District Court to withdraw and transfer causes 
29. Seal
30. Abolition of Courts of Small Causes
31. Saving of power to appoint Judge of Court of Small Causes to other 
office
32. Application of Act to Courts invested with jurisdiction of Court of Small 
Causes
33. Application of Act and Code to Court so invested as to two courts
34.     Modification of Code as so applied
35. Continuance of proceedings of abolished courts
36. [Repealed] 
37. Publication of certain orders
THE FIRST SCHEDULE- [Repealed].
THE SECOND SCHEDULE- 
SUITS EXCEPTED FROM THE COGNIZANCE OF A COURT OF SMALL CAUSES
THE THIRD SCHEDULE
TEXT
1THE PROVINCIAL SMALL CAUSE COURTS ACT, 1887
(IX of 1887)
[24th February, 1887]
An
Act
to consolidate and amend the law relating to Courts of Small Causes 2[ * * * *  * * * *].
WHEREAS it is expedient to consolidate and amend the law relating to Courts 
of Small Causes 3[ * * * * * * * *];
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
1. Title,  extent  and  commencement.—   (1)  This  Act  may  be  called  the  
Provincial Small Cause Courts Act, 1887.
(2) It extends to 4[the whole of Pakistan]; and
(3) It shall come into force on the first day of July, 1887.
5[2. Construction.—  * * * *  *  *  *   *  * *  * *  *  *  *]
1 For statement of objects and reasons, see Gazette of India, 1886, Pt. V, p.8; for report of the select committee, see ibid., 
1887, Pt. IV, p.33; and for proceedings in council, see ibid., 1885 Supplement, pp.8 and 9, and ibid., 1887, P. VI, p.25. This act 
has been declare to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913), s.3. It has also  
been extended to the leased areas of Baluchistan, see the Leased Areas (laws) order, 1950 (G.G.O. III of 1950); and applied in  
the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p.1499. This Act repealed in its application to Karachi by  
the Karachi Small Causes Court Act, 1929 but came into force by the Provincial Small Cause Courts (Amendment) Ordinance,  
1962 (LI of 1962), s.7 (w.e.f. 7.6.1962).
2 Omitted the words “established beyond the Presidency-towns” by the Adaptation of Central Acts and Ordinances Order, 1949  
(G.G.O. No. 4 of 1949), w.e.f. 28.3.1949, Article 3 and Schedule; and published in the Gazette of Pakistan (Extraordinary),  
pages 233-283.
3 Omitted the words “established beyond the local limits for the time being of the ordinary original civil jurisdiction of the High  
Courts of Judicature at Fort William in Bengal and at Madras and Bombay” by the Adaptation of Central Acts and Ordinances  
Order, 1949 (G.G.O. No. 4 of 1949), w.e.f. 28.3.1949, Article 3 and Schedule; and published in the Gazette of Pakistan  
(Extraordinary), pages 233-283.
4 Substituted for “all the Provinces and the Capital of the Federation ” by the Central Laws (Statute Reform) Ordinance, 1960  
(XXI of 1960), w.e.f 14.10.1955, s.3 and the second Schedule; and published in the Gazette of Pakistan (Extraordinary), dated  
9.6.1960, pages 725-845.which had been substituted for “the whole of British India” by the Adaptation of Central Acts and  
Ordinances Order, 1949 (G.G.O. No. 4 of 1949), w.e.f. 28.3.1949, Article 3(2) and 4; and published in the Gazette of Pakistan  
(Extraordinary), pages 223-283.
5 Repealed partly by the Amending Act, 1891 (XII of 1891), s.2 and Schedule I, and partly by the Repealing Act, 1938 (I of  
1938), s.2 and Schedule.
3. Savings.— Nothing in this Act shall be construed to affect—
(a) any proceedings before or after decree in any suit instituted before the  
commencement of this Act; or
(b) the jurisdiction of a Magistrate under any law for the time being in force  
with respect to debits or other claims of a civil nature, 6[ * * * * * * ],or of  
village-munsifs under the Dekkhan Agriculturists’ Relief Act, 18797; or
(c) any  local  law  or  any  special  law  other  than  the  Code  of  Civil  
Procedure8. 
4. Definition.—  In this Act, unless there is something repugnant in the subject  
or context, "Court of Small Causes" means a Court of Small Causes constituted  
under this Act, and includes any person exercising jurisdiction under this Act in any  
such Court.  
CHAPTER-II
CONSTITUTION OF COURTS OF SMALL CAUSES
5. Establishment  of  Courts  of  Small  Causes .—  (1)  The  9[Provincial 
Government] 10[ * * * * ]may, by order in writing, establish a Court of Small Causes at  
any place within the territories under its administration 11[ *  *  * *  *  *  *  *].
(2) The local limits of the jurisdiction of the Court of Small Causes shall be  
such as the  12[Provincial Government] may define, and the Court may be held at  
such  place  or  places  within  those  limits  as  the  13[Provincial  Government]  may 
appoint.
14[6. Judge.— When a Court of Small Causes has been established there shall be  
appointed, by order in writing, a Judge of the Court:
Provided that if the Provincial Government so direct, the same person shall be 
the Judge of more than one such Court.]
6 Omitted the words “or of village-munsifs or village-panchayats, under the provisions of the Madras Code” by the Adaptation of 
Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), w.e.f. 28.3.1949, Article 3 and Schedule; and published in  
the Gazette of Pakistan (Extraordinary), pages 233-283.
7 XVII of 1879.
8 XIV of 1882.Now the Code of Civil Procedure, 1908 (V of 1908).
9 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,  
Article 4 and Table of General Adaptations.
10 Omitted the words “with the previous sanction of the Governor General in Council.” by the Decentralization Act, 1914 (IV of  
1914), s.2 and the Schedule; and published in the Gazette of India, dated 24.2.1914.
11 Omitted the words “beyond the local limits for the time being of the ordinary original civil jurisdiction of a High Court of  
Judicature established  in a Presidency-town”   by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4  
of 1949), w.e.f. 28.3.1949, Article 3 and Schedule; and published in the Gazette of Pakistan(Extraordinary), pages 233-283.
12 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,  
Article 4 and Table of General Adaptations.
13 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,  
Article 4 and Table of General Adaptations.
14 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule  
I.
7. Appointment of times of sitting in certain circumstances .—  (1) A Judge  
who is the Judge of two or more such Courts may, with the sanction of the District  
Court, fix the times at which he will sit in each of the Courts of which he is Judge.
(2) Notice of the times shall be published in such manner as the High  
Court from time to time directs.
8. Additional Judges.—  15[(1) If the Provincial Government so direct, there may 
be appointed, by order in writing, Additional Judges of a Court of Small Causes or of  
two or more such Courts.]
(2) 16[An Additional] Judge shall discharge such of the functions of the  
Judge of the Court or Courts as the Judge may assign to him, and in the discharge  
of those functions shall exercise the same powers as the Judge.
(3) The Judge may withdraw from  17[an Additional] Judge any business  
pending before him.
(4) When  the  judge  is  absent,  the  18[senior]  Additional  Judge  may  
discharge all or any of the functions of the Judge.
19[9. Suspension and removal of Judges.— * * * * * * * * * * * * * * *] 
10. Power  to  require  two  Judges  to  sit  as  a  bench.—   The  20[Provincial 
Government], after consultation with the High Court, may, by order in writing, direct  
that two Judges of Courts of Small Causes or a Judge and an Additional Judge of a  
Court of Small Causes shall sit together for the trial of such class or classes of suits  
or applications cognizable by a Court of Small Causes as may be described in the  
order.
11. Decisions in case heard by a bench.— (1) If two Judges, or a Judge and an 
Additional Judge, sitting together under the last foregoing section, differ as to a  
question of law or usage having the force of law, or in construing a document the  
construction of which may affect the merits, they shall draw up and refer, for the  
decision of the High Court, a statement of the facts of the case and of the point on  
which they differ in opinion, and the provisions of Chapter XLVI of the Code of Civil  
Procedure21 shall apply to the reference.
(2) If they differ on any matter other than a matter specified in sub -section 
(1) the opinion of the Judge who is senior in respect of date of appointment as  
15 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule  
I.
16 Substituted for the words “the Additional” by the Repealing and Amending Act, 1915 (XI of 1915), s.2 and the first Schedule;  
and published in the Gazette of India, dated 22.9.1915.
17 Substituted for the words “the Additional” by the Repealing and Amending Act, 1915 (XI of 1915), s.2 and the first Schedule;  
and published in the Gazette of India, dated 22.9.1915.
18 Inserted by the Repealing and Amending Act, 1915 (XI of 1915), s.2 and the first Schedule; and published in the Gazette of  
India, dated 22.9.1915.
19 Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule I.
20 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,  
Article 4 and Table of General Adaptations.
21 XIV of 1882.See now ss.113, 115 and the first Schedule, Order XXLVI of the Code of Civil Procedure, 1908 (V of 1908).
judge of a Court of Small Causes, or, if one of them is an Additional Judge then the  
opinion of the Judge sitting with him, shall prevail.
(3) For the purposes of sub -section (2), a Judge permanently appointed  
shall be deemed to be senior to an officiating Judge.
12. Registrar.—  22[(1) There may be appointed to a Court of Small Causes an  
officer to be called the Registrar of the Court.]
(2) Where a Registrar is appointed, he shall be the Chief Ministerial Officer  
of the Court.
(3) The 23[Provincial Government] may, by order in writing, confer upon a  
Registrar, within the local limits of the jurisdiction of the Court, the jurisdiction of a  
Judge of a Court of Small Causes for the trial of suits of which the value does not  
exceed twenty rupees. 
(4) The Registrar shall try such suits cognizable by him as the Judge may,  
by general or special order, direct. 
24[(5) * * * * * * *]
25[13. Other ministerial officers.— *  *  *  *  *  *  *  *  *  *   *  * ]
14. Duties of ministerial officers.— (1) The ministerial officers of a Court of  
Small Causes shall, in addition to any duties mentioned in this Act, or in any other  
enactment for the time being in force, as duties which are or may be imposed on any  
of them, discharge such duties of a ministerial nature as the Judge directs.
(2) The High Court may make rules consistent with this Act, and with any  
other  enactment  for  the  time  being  in  force,  conferring  and  imposing  on  the  
ministerial officers of a Court of Small Causes such powers and duties as it thinks fit,  
and regulating the mode in which powers and duties so conferred and imposed are  
to be exercised and performed.
CHAPTER III
JURISDICTION OF COURTS OF SMALL CAUSES
15. Cognizance of suits by Courts of Small Causes .—  (1) A Court of Small  
Causes shall not take cognizance of the suits specified in the second schedule as  
suits excepted from the cognizance of a Court of Small Causes.
(2) Subject  to  the  exceptions  specified  in  that  schedule  and  to  the  
provisions of any enactment for the time being in force, all suits of a civil nature of  
22 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule  
I.
23 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,  
Article 4 and Table of General Adaptations.
24 Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule I.
25 Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule I.
which the value does not exceed 26[two thousand] rupees shall be cognizable by a  
Court of Small Causes.
(3) Subject  as  aforesaid  27[and  subject  to  any  directions  which  the  
Provincial Government may give in this respect, the High Court,] may by order in  
writing, direct that all suits of a civil nature of which the value does not exceed 28[five 
thousand] rupees shall be cognizable by a Court of Small Causes mentioned in the  
Order.
16. Exclusive jurisdiction of Courts of Small Causes .—  Save as expressly  
provided by this Act or by any other enactment for the time being in force, a suit  
cognizable by a Court of Small Causes shall not be tried by any other Court having  
jurisdiction within the local limits of the jurisdiction of the Court of Small Causes by  
which the suit is triable. 
CHAPTER-IV
PRACTICE AND PROCEDURE
17. Application  of  the  Code  of  Civil  Procedure.—  (1)  29[The  procedure  
prescribed  in  the  Code  of  Civil  Procedure,  1908 30,  shall,  save  in  so  far  as  is  
otherwise provided by that Code or by this Act], be the procedure followed in a Court  
of Small Causes in all suits cognizable by it and in all proceedings arising out of such 
suits:
Provided that an applicant for an order to set aside a decree passed ex parte  
or for a review of judgement shall, at the time of presenting his application, either  
deposit in the Court the amount due from him under the decree or in pursuance of  
the  judgement,  or  give  31[such  security  for  the  performance  of  the  decree  or  
compliance with the judgment as the Court may, on a previous application made by  
him in this behalf, have directed].
(2) Where a person has become liable as surety under the proviso to  
sub-section (1), the security may be realized in manner provided by section 32[145] of 
the Code of Civil Procedure, 33[1908].
26 Substituted for the words “one thousand” by the Provincial Small Cause Courts (West Pakistan Amendment) Ordinance,  
1966 (VIII of 1966), w.e.f 31.3.1966, s.2; and published in the Gazette of West Pakistan (Extraordinary), pages711-712.
27 Substituted for the words “,the Provincial Government” by the Provincial Small Cause Courts (West Pakistan Amendment)  
Ordinance, 1966 (VIII of 1966), w.e.f 31.3.1966, s.2; and published in the Gazette of West Pakistan (Extraordinary), pages711-
712.which had been Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937,  
w.e.f. 1.4.1937, Article 4 and Table of General Adaptations.
28 Substituted for the words “two thousand” by the Provincial Small Cause Courts (West Pakistan Amendment) Ordinance,  
1966 (VIII of 1966), w.e.f 31.3.1966, s.2; and published in the Gazette of West Pakistan (Extraordinary), pages711-712.
29 Substituted for the words beginning with “The procedure” and ending with the words “are applicable” by the Small Cause  
Courts (Attachment of Immovable Property) Act, 1926 (I of 1926), s.2; and passed by the Indian Legislature and received the  
assent of the Governor General on 24.2.1926.
30 V of 1908.
31 Substituted for “security to the satisfaction of the Court for the performance of the decree or compliance with the judgment,  
as the Court may direct” by the Provincial Small Cause Courts (Amendment) Act, 1935 (IX of 1935), s.2; and passed by the  
Indian Legislature and received the assent of the Governor General on 28.9.1935.
32 Substituted for the figure “253” by the Small Cause Courts (Attachment of Immovable Property) Act, 1926 (I of 1926) , s.2;  
and passed by the Indian Legislature and received the assent of the Governor General on 24.2.1926.
18. Trial of suits by Registrar.— (1) Suits  cognizable  by  the  Registrar  under  
section 12, sub -sections (3) and (4), shall be tried by him and decrees passed  
therein shall be executed by him, in like manner in all respects as the Judge might  
try the suits, and execute the decrees, respectively.
(2) The Judge may transfer to his own file, or to that of the Additional  
Judge if an Additional Judge has been appointed, any suit or other proceeding  
pending on the file of the Registrar.
19. Admission, return and rejection of plaints by Registrar.— (1) When  the 
Judge of a Court of Small Causes is absent, and an Additional Judge has not been  
appointed or, having been appointed, is also absent, the Registrar may admit a  
plaint, or return or reject a plaint for any reason for which the Judge might return or  
reject it.
(2) The Judge may, of his own motion or on the application of a party,  
return or reject a plaint which has been admitted by the Registrar, or admit a plaint  
which has been returned or rejected by him:
Provided that where a party applies for the return or rejection or the admission 
of a plaint under this sub -section, and his application is not made at the first, sitting  
of the Judge after the day on which the Registrar admitted, or returned or rejected  
the plaint, the Judge shall dismiss the application unless the applicant satisfies him  
that there was sufficient cause for not making the application at that sitting. 
20. Passing of decrees by Registrar on confession .—  (1) If, before the date  
appointed for the hearing of a suit, the defendant or his agent duly authorized in that  
behalf appears before the Registrar and admits the plaintiff's claim, the Registrar  
may, if the Judge is absent, and an Additional Judge has not been appointed or,  
having  been  appointed,  is  also  absent,  pass  against  the  defendant,  upon  the  
admission, a decree which shall have the same effect as a decree passed by the  
Judge. 
(2) Where a decree has been passed by the Registrar under sub -section 
(1), the Judge may grant an application for review of judgment, and re-hear the  
suit, on the same conditions, on the same grounds and in the same manner as if the  
decree had been passed by himself.  
21. Execution of decrees by Registrar .—  (1) If the Judge is absent, and an  
Additional Judge has not been appointed or, having been appointed, is also absent,  
the Registrar may, subject to any instructions which he may have received from the  
Judge or, with respect to decrees or orders made by an Additional Judge, from the  
Additional Judge, make any order in respect of applications for the execution of  
decrees and orders made by the Court of which he is Registrar, or sent to that Court  
for execution, which the Judge might make under this Act. 
(2) The Judge, in the case of any decree or order with respect to the  
execution of which the Registrar has made an order under sub -section (1) or the  
Additional Judge, in the case of any such decree or order which has been made by  
himself and with respect to which proceedings have not been taken by the Judge  
under this sub -section, may, of his own motion, or on application made by a party  
33 Added by the Small Cause Courts (Attachment of Immovable Property) Act, 1926 (I of 1926) , s.2; and passed by the Indian  
Legislature and received the assent of the Governor General on 24.2.1926.
within fifteen days, from the date of the order of the Registrar or of the execution of  
any process issued in pursuance of that order, reverse or modify the order. 
(3) The  period  of  fifteen  days  mentioned  in  sub -section  (2)  shall  be  
computed in accordance with the provisions of the Indian Limitation Act, 1877 34, as 
though the application of the party were an application for review of judgement.  
22. Adjournment of cases by chief ministerial officer .— When the Judge of a  
Court of Small Causes is absent and an Additional Judge has not been appointed or,  
having been appointed, is also absent, the Registrar or other chief ministerial officer  
of the Court may exercise from time to time the power which the Court possesses of  
adjourning the hearing of any suit or other proceeding, and fix a day for the further  
hearing thereof. 
23. Return of plaints in suits involving question of title.— (1) Notwithstanding, 
anything in the foregoing portion of this Act, when the right of a plaintiff and the relief  
claimed by him in a Court of Small Causes depend upon the proof or disproof of a  
title to immovable property or other title which such a Court cannot finally determine,  
the Court may at any stage of the proceedings return the plaint to be presented to a  
Court having jurisdiction to determine the title.
(2) When a Court returns a plaint under sub -section (1), it shall comply  
with the provisions of the second paragraph of section 57 of the Code of Civil  
Procedure35 and make such order with respect to costs as it deems just, and the  
Court shall, for the purposes of the Indian Limitation Act, 1877 36, be deemed to have  
been unable to entertain the suit by reason of a cause of a nature like to that of  
defect of jurisdiction. 
24. Appeal from certain orders of Courts of Small Causes .— Where an order 
specified in 37[clause (ff) or clause (h) of sub-section (1) of section 104 of the Code of 
Civil Procedure, 1908 38,] is made by a Court of Small Causes, an appeal therefrom  
shall lie to the District Court, 39[on any ground on which an appeal from such order  
would lie under that section.] 
25. Revision of decrees and orders of Courts of Small Causes .—  The High  
Court, for the purpose of satisfying itself that a decree or order made in any case  
decided by a Court of Small Causes was according to law, may call for the case and  
pass such order with respect thereto as it thinks fit.
40[26. Amendment of the second schedule to the Code of Civil Procedure.— ** * * *]
34 XV of 1877. Now the Limitation Act, 1908 (IX of 1908).
35 XIV of 1882. See now the First Schedule, Order VII, rule 10 of the Code of Civil Procedure, 1908 (Act VI of 1908).
36 XV of 1877. Now the Limitation Act, 1908 (IX of 1908).
37 Substituted for the words and figures “section 588, clause (29) of the Code of Civil Procedure (V of 1908)” by the Civil  
Procedure (Amendment) Act, 1922 (IX of 1922), s.5; and published in the Gazette of India, dated 5.3.1922.
38 V of 1908.
39 Added by the Civil Procedure (Amendment) Act, 1922 (IX of 1922), s.5; and published in the Gazette of India, dated  
5.3.1922.
40 Repealed by the Presidency Small Cause Courts Law Amendment Act, 1888(X of 1888), s.4.
27. Finality of decrees and orders.—  Save as provided by this Act, a decree or  
order made under the foregoing provisions of this Act by a Court of Small Causes  
shall be final. 
41[27A. Application for distress warrant. —  (1) Any person claiming to be entitled  
to arrears of rent of any house or premises situate within the local limits of the  
Court's jurisdiction of which the annual rent does not exceed 42[two thousand rupees 
or, where the Court is empowered under sub-section (3) of section 15, five thousand  
rupees], may apply to the Court for a distress warrant. 
(2) The application shall be supported by an affidavit or affirmation to the  
effect of Form A given in the Third Schedule. 
(3) Nothing in this section shall apply to—
(a) any rent due to Government; 
(b) any rent which has been due for more than twelve months before the  
application mentioned in sub-section (1) is made.
27B. Application to discharge or suspend warrant. — ( 1) The debtor or any  
other person alleging himself  to be the owner of any property seized under a  
distress  warrant  under  section  27A  may,  at  any  time  within  five  days  or  such  
extended time as the Court may grant for reasons recorded in writing from such  
seizure, apply to the Court to discharge or suspend the warrant, or to release a  
distrained article and the Court may discharge or suspend such warrant or release  
such article accordingly, upon such terms as it thinks just and the Court may, in its  
discretion, give reasonable time to the debtor to pay the rent due from him. 
(2) Upon any such application, the costs attending it and attending the  
issue and execution of the warrant shall be in the discretion of the Court and shall be  
paid as the Court directs.]
CHAPTER-V
SUPPLEMENTAL PROVISIONS
28. Subordination of Courts of Small Causes.—  (1) A  Court  of  Small  
Causes shall be subject to the administrative control of the District Court and to the  
superintendence of the High Court, and shall-
(a) keep such registers, books and accounts as the High Court from time  
to time prescribes, and 
(b) comply with such requisitions as may be made by the District Court,  
the High Court or the 43[Provincial Government] for records, returns and 
statements  in  such  form  and  manner  as  the  authority  making  the  
requisition directs.
41 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.3; and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
42 Substituted for “one thousand rupees or, where the Court is empowered under sub -section (3) of section 15, two thousand  
rupees” by the Provincial Small Cause Courts (West Pakistan Amendment) Ordinance, 1966 (VIII of 1966), w.e.f 31.3.1966,  
s.3; and published in the Gazette of West Pakistan (Extraordinary), pages 711-712.
43 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,  
Article 4 and Table of General Adaptations.
(2) The relation of the District Court to a Court of Small Causes, with  
respect to administrative control, shall be the same as that of the District Court to a  
Civil Court of the lowest grade competent to try an original suit of the value of five  
thousand rupees in that portion of the territories administered by the  44[Provincial 
Government] in which the Court of Small Causes is established.
45[28-A. Power of District Court to withdraw and transfer causes. —(1) Where a  
District Court is satisfied that any particular suit cannot be adequately tried by a  
Court of Small Causes it may withdraw such suit from that Court and-
(i) try or dispose of that suit itself, or
(ii) transfer such suit to another Court subordinate to the District Court.
(2) Where any suit is so withdrawn, the District Court or the Court to which  
such suit is transferred shall try and dispose of the same as if such suit were not  
cognizable by a Court of Small Causes.]  
29. Seal.—  A  Court  of  Small  Causes  shall  use  a  seal  of  such  form  and  
dimensions as are prescribed by the 46[Provincial Government].  
30. Abolition of Courts of Small Causes .— The 47[Provincial Government] may, 
by order in writing, abolish a Court of Small Causes.  
31. Saving of power to appoint Judge of Court of Small Causes to other  
office.— (1) Nothing in this Act shall be construed to prevent 48[the appointment of] a 
person who is a Judge or Additional Judge of a Court of Small Causes to be also a  
Judge of any other Civil Court or to be a Magistrate of any class or to hold any other  
public office. 
(2) When  a  judge  or  Additional  Judge  is  so  appointed,  the  ministerial 
officers of his Court shall subject to any rules which the  49[Provincial Government]  
may make in this behalf, be deemed to be ministerial officers appointed to aid him in  
the discharge of the duties of the other office.
32. Application of Act to Courts invested with jurisdiction of Court of Small  
Causes.— (1) So much of Chapters III and IV as relates to—
(a) the nature of the suits cognizable by Courts of Small Causes, 
(b) the exclusion of the jurisdiction of other Courts in those suits, 
(c) the practice and procedure of Courts of Small Causes,
44 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,  
Article 4 and Table of General Adaptations.
45 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.4; and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
46 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,  
Article 4 and Table of General Adaptations.
47 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,  
Article 4 and Table of General Adaptations.
48 Substituted for “the Local Government from appointing” by the Government of India (Adaptation of Indian Laws) Order, 1937,  
w.e.f. 1.4.1937, Article 3 and the Schedule I.
49 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,  
Article 4 and Table of General Adaptations.
(d) appeal  from  certain  orders  of  those  Courts  and  revision  of  cases  
decided by them, and
(e) the finality of their decrees and orders subject to such appeal and  
revision as are provided by this Act,
applies to Courts invested by or under any enactment for the time  
being in force with the jurisdiction of a Court of Small Causes so far as  
regards the exercise of that jurisdiction by those Courts.
(2) Nothing in sub-section (1) with  respect  to  Courts  invested  with  the  
jurisdiction of a Court of Small Causes applies to suits instituted or proceedings  
commenced in those Courts before the date on which they were invested with that  
jurisdiction.
33. Application of Act and Code to Court so invested as to two Courts. — A 
Court invested with the jurisdiction of a Court of Small Causes with respect to the  
exercise of that jurisdiction, and the same Court with respect to the exercise of its  
jurisdiction in suits of a civil nature which are not cognizable by a Court of Small  
Causes, shall, for the purposes of this Act and the Code of Civil Procedure 50, be  
deemed to be different Courts.
34. Modification of Code as so applied .— Notwithstanding anything in the last  
two foregoing sections,—
(a) when in 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 civil nature which are not cognizable 
by a Court of Small Causes, or
(b) when a Court, in the exercise of its jurisdiction in suits of a civil nature  
which are not cognizable by a Court of Small Causes, send, a decree  
for execution to itself as a Court invested with the jurisdiction of a Court  
of Small Causes, the documents mentioned in section 224 of the Code  
of Civil Procedure 51 shall not be sent with the decree unless in any  
case the Court, by order in writing, requires them to be sent.
35. Continuance of proceedings of abolished Courts .— (1) Where a Court of  
Small Causes, or a Court invested with the jurisdiction of a Court of Small Causes,  
has  from  any  cause  ceased  to  have  jurisdiction  with  respect  to  any  case,  any 
proceeding in relation to the case, whether before or after decree, which, if the Court  
had not ceased to have jurisdiction, might have been had therein, may be had in the  
Court which, if the suit out of which the proceeding has arisen were about to be  
instituted, would have jurisdiction to try the suit.
(2) Nothing in this section applies to cases for which special provision is  
made in the Code of Civil Procedure 52 as extended to Courts of Small Causes or in  
any other enactment for the time being in force.
50 XIV of 1882.Now the Code of Civil Procedure, 1908 (V of 1908).
51 XIV of 1882.See now the First Schedule, Order XXI, rule 6, of the Code of Civil Procedure, 1908 (V of 1908).
52 XIV of 1882.Now the Code of Civil Procedure, 1908 (V of 1908).
53[36. Amendment of Indian Limitation Act.—* * * * * * * * * * * * * * * * *]
37. Publication of certain orders.— All orders required by this Act to be made in 
writing by the 54[Provincial Government] shall be published in the official Gazette.
53 Repealed by the Limitation Act, 1908 (IX of 1908).
54 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,  
Article 4 and Table of General Adaptations.
THE FIRST SCHEDULE
55[ENACTMENTS REPEALED.]
THE SECOND SCHEDULE
SUITS EXCEPTED FROM THE COGNIZANCE OF A COURT OF
SMALL CAUSES.
(See section 15)
56[(1)  a suit concerning any act done or purporting to be done by or by order of the  57[Federal Government], the 58[Government] Representative or the Provincial  
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  59[,other  than  a  suit  for 
ejectment  of  a  tenant  unless,  any  other  Court  or  officer  has  exclusive  
jurisdiction in the matter] or for the recovery of an interest in such property;
(5) a suit for the partition of immovable property;
(6) 60[except in the case of simple mortgage,] 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;
61[(8) * * * * * * *]
55 Repealed by the Amending Act, 1891 (XII of 1891), s.2 and schedule I; and published in the Gazette of India, dated  
21.3.1891.
56 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule  
I.
57 Substituted for “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), w.e.f. 1.8.1975,  
Article 2 and Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages. 435-467.
58 Substituted for “Crown” by the Central Laws (Adaptation) Order, 1961 (P.O. No. 1 of 1961), w.e.f. 23.3.1956, Article 2 and  
Table; and published in the Gazette of Pakistan (Extraordinary), dated 24.1.1961, pages.102-174.
59 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
60 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
61 Omitted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
(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 the 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 62[but nothing in this 
article shall apply to any claim for money based on contract in writing];
(14) a suit to recover from a person to whom compensation has been paid under  
the Land Acquisition Act, 187063, 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 64[to enforce 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 or  
section 332 of the Code of Civil Procedure65; 
66[(20)  * * * * *  * * * * * * * * * * * ** ]
(21) a suit to set aside an attachment  67[of immovable property] by a Court or a  
revenue-  authority,  or  a  sale,  mortgage,  lease  or  other  transfer  68[of 
immovable property] 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 an award;
62 Added by  the Provincial Small  Causes Courts  (Amendment) Ordinance,  1962 (LI  of  1962),  w.e.f.  7.6.1962, s.5;  and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
63 X of 1870.Now the Land Acquisition Act, 1894 (I of 1894).
64 Substituted for “relating to a trust” by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f.  
7.6.1962, s.5; and published in the Gazette of Pakistan (Extraordinary), pages 980-983.
65 XIV of 1882. Now the Code of Civil Procedure, 1908 (V of 1908).
66 Omitted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
67 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
68 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
69[(25) * * * * * * * * * * * * * * * * * *]
70[(26) * * * * * * * * * * * * * * * * * *]
(27) a suit under the Indian Succession Act, 1865 71, section 320 or section 321, or  
under the Probate and Administration Act, 1881 72, 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 transections; 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  suit for the profits on immovable property 73[,but not including 
suit for mesne profits,] 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;
69 Omitted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
70 Omitted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
71 X of 1865. Now the Succession Act, 1925 (XXXIX of 1925).
72 V of 1881.Now the Succession Act, 1925 (XXXIX of 1925).
73 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
(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;
74[(ii) for an act which is, or, save for the provisions of Chapter IV of the  
Indian Penal Code 75, would be, an offence punishable under Chapter  
XVII of the said Code;]
76[(j) 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;]
(k) for  improper  arrest  under  Chapter  XXXIV  of  the  Code  of  Civil  
Procedure77 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;
(36) a suit by a  78[Muslim] for exigible (mu'ajjal) or deferred (mu'wajjal) dower;
(37) a suit for the restitution of conjugal rights,  79[* * * * *] for the custody of a  
minor, or for a divorce;
(38) a suit relating to maintenance  80[,except where a claim for maintenance is  
based on contract in writing]; 
(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  manager  of  a  joint 
property, or a member of an undivided family in respect of payment made by  
him on account of the property of 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; 
74 Inserted by the provincial Small  Cause Courts (Amendment) Act, 1914 (VI of 1914), s.2; and published in the Gazette of  
India, dated 25.2.1914.
75 XLV of 1860.Now the Pakistan Penal Code, 1860 (XLV of 1860).
76 Inserted by the provincial Small  Cause Courts (Amendment) Act, 1914 (VI of 1914), s.2; and published in the Gazette of  
India, dated 25.2.1914.
77 XIV of 1882. Now the Code of Civil Procedure, 1908 (V of 1908).
78 Substituted for “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), w.e.f. 1.8.1975, Article  
2 and Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages. 435-467.
79 Repealed the words “for the recovery of a wife” by the Repealing and Amending Act, 1914 (X of 1914), s.3 and Second  
Schedule; and published in the Gazette of India dated 17.3.1914.
80 Added by  the Provincial Small  Causes Courts  (Amendment) Ordinance,  1962 (LI  of  1962),  w.e.f.  7.6.1962, s.5;  and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.
(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; 
81[(43A) a suit to recover property obtained by an act which is, or, save for the  
provisions of Chapter IV of the 82Indian Penal Code (XLV of 1860), would be,  
an offence punishable under Chapter XVII of the said Code;] 
(44) a suit the cognizance whereof by a Court of Small Causes is barred by any  
enactment for the time being in force.
83[THIRD SCHEDULE
(See section 27A)
In the Court of Small Cause __________________________
A.B.
(Plaintiff)
versus
C.D.
(defendant)
A.B. of __________, in the town of__________, makes oath (or affirms) and says 
that C.D.__________, of________________, is justly indebted to______________, 
in the sum of Rs._____________ for, arrears of rent of the house and premises 
No._____________, situate at____________, in the town of_____________, due 
for__________________ months, to wit, from 
_____________to________________, at the rate of Rs.________________ per 
mensem.
Sworn or affirmed before me the ________ day of ____________ 19_____.
Judge (or Registrar.)]
81 Inserted by the provincial Small  Cause Courts (Amendment) Act, 1914 (VI of 1914), s.3; and published in the Gazette of  
India, dated 25.2.1914.
82 Now the Pakistan Penal Code, 1860 (XLV of 1860).
83 Added  by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f.  7.6.1962, s.6; and  
published in the Gazette of Pakistan (Extraordinary), pages 980-983.