{ "schema_version": "qanun-law-text/1", "id": "punjab-code-458b21d1d852affd", "title": "PROVINCIAL SMALL CAUSE COURTS ACT, 1887", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/Vm9SZFZpAjo-", "version": null, "source_snapshot": "2026-08-06T16:49:26Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "dad473d2c4d262e420cfe5f096919ab3f555db1ffc5d5979b7261b2732ffe4af", "source_sha256": "dad473d2c4d262e420cfe5f096919ab3f555db1ffc5d5979b7261b2732ffe4af", "text_version_id": "law:punjab-code-458b21d1d852affd:sha256:dad473d2c4d262e420cfe5f096919ab3f555db1ffc5d5979b7261b2732ffe4af", "quality_flags": [], "encoding": "UTF-8", "text": "THE PROVINCIAL SMALL CAUSE COURTS ACT, 1887\r\n(IX OF 1887)\r\nCONTENTS\r\nCHAPTER-I\r\nPRELIMINARY\r\n1. Title, extent and commencement\r\n2. [Repealed] \r\n3. Savings\r\n4. Definition \r\nCHAPTER-II\r\nCONSTITUTION OF COURTS OF SMALL CAUSES\r\n5. Establishment of Courts of Small Causes\r\n6. Judge\r\n7. Appointment of times of sitting in certain circumstances\r\n8. Additional Judges\r\n9. [Repealed]\r\n10. Power to require two judges to sit as a bench\r\n11. Decisions in case heard by a bench\r\n12. Registrar\r\n13. [Repealed] \r\n14. Duties of ministerial officers\r\nCHAPTER-III\r\nJURISDICTION OF COURTS OF SMALL CAUSES\r\n15. Cognizance of suits by Courts of Small Causes\r\n16. Exclusive jurisdiction of Courts of Small Causes\r\nCHAPTER-IV\r\nPRACTICE AND PROCEDURE\r\n17. Application of the Code of Civil Procedure\r\n18. Trial of suits by Registrar\r\n19. Admission, return and rejection of plaints by Registrar\r\n20. Passing of decrees by Registrar on confession\r\n21. Execution of decrees by Registrar\r\n22. Adjournment of cases by chief ministerial officer\r\n23. Return of plaints in suits involving question of title\r\n24. Appeal from certain orders of Courts of Small Causes\r\n25. Revisions of decrees and orders of Courts of Small Causes\r\n26. [Repealed] \r\n27. Finality of decrees and orders\r\n27-A. Application for distress warrant\r\n27-B. Application to discharge or suspend warrant\r\nCHAPTER-V\r\nSUPPLEMENTAL PROVISIONS\r\n28. Subordination of Courts of Small Causes\r\n28-A power of District Court to withdraw and transfer causes \r\n29. Seal\r\n30. Abolition of Courts of Small Causes\r\n31. Saving of power to appoint Judge of Court of Small Causes to other \r\noffice\r\n32. Application of Act to Courts invested with jurisdiction of Court of Small \r\nCauses\r\n33. Application of Act and Code to Court so invested as to two courts\r\n34. Modification of Code as so applied\r\n35. Continuance of proceedings of abolished courts\r\n36. [Repealed] \r\n37. Publication of certain orders\r\nTHE FIRST SCHEDULE- [Repealed].\r\nTHE SECOND SCHEDULE- \r\nSUITS EXCEPTED FROM THE COGNIZANCE OF A COURT OF SMALL CAUSES\r\nTHE THIRD SCHEDULE\r\nTEXT\r\n1THE PROVINCIAL SMALL CAUSE COURTS ACT, 1887\r\n(IX of 1887)\r\n[24th February, 1887]\r\nAn\r\nAct\r\nto consolidate and amend the law relating to Courts of Small Causes 2[ * * * * * * * *].\r\nWHEREAS it is expedient to consolidate and amend the law relating to Courts \r\nof Small Causes 3[ * * * * * * * *];\r\nIt is hereby enacted as follows:—\r\nCHAPTER I\r\nPRELIMINARY\r\n1. Title, extent and commencement.— (1) This Act may be called the \r\nProvincial Small Cause Courts Act, 1887.\r\n(2) It extends to 4[the whole of Pakistan]; and\r\n(3) It shall come into force on the first day of July, 1887.\r\n5[2. Construction.— * * * * * * * * * * * * * * *]\r\n1 For statement of objects and reasons, see Gazette of India, 1886, Pt. V, p.8; for report of the select committee, see ibid., \r\n1887, 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 \r\nhas been declare to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913), s.3. It has also \r\nbeen extended to the leased areas of Baluchistan, see the Leased Areas (laws) order, 1950 (G.G.O. III of 1950); and applied in \r\nthe Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p.1499. This Act repealed in its application to Karachi by \r\nthe Karachi Small Causes Court Act, 1929 but came into force by the Provincial Small Cause Courts (Amendment) Ordinance, \r\n1962 (LI of 1962), s.7 (w.e.f. 7.6.1962).\r\n2 Omitted the words “established beyond the Presidency-towns” by the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(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), \r\npages 233-283.\r\n3 Omitted the words “established beyond the local limits for the time being of the ordinary original civil jurisdiction of the High \r\nCourts of Judicature at Fort William in Bengal and at Madras and Bombay” by the Adaptation of Central Acts and Ordinances \r\nOrder, 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 \r\n(Extraordinary), pages 233-283.\r\n4 Substituted for “all the Provinces and the Capital of the Federation ” by the Central Laws (Statute Reform) Ordinance, 1960 \r\n(XXI of 1960), w.e.f 14.10.1955, s.3 and the second Schedule; and published in the Gazette of Pakistan (Extraordinary), dated \r\n9.6.1960, pages 725-845.which had been substituted for “the whole of British India” by the Adaptation of Central Acts and \r\nOrdinances 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 \r\n(Extraordinary), pages 223-283.\r\n5 Repealed partly by the Amending Act, 1891 (XII of 1891), s.2 and Schedule I, and partly by the Repealing Act, 1938 (I of \r\n1938), s.2 and Schedule.\r\n3. Savings.— Nothing in this Act shall be construed to affect—\r\n(a) any proceedings before or after decree in any suit instituted before the \r\ncommencement of this Act; or\r\n(b) the jurisdiction of a Magistrate under any law for the time being in force \r\nwith respect to debits or other claims of a civil nature, 6[ * * * * * * ],or of \r\nvillage-munsifs under the Dekkhan Agriculturists’ Relief Act, 18797; or\r\n(c) any local law or any special law other than the Code of Civil \r\nProcedure8. \r\n4. Definition.— In this Act, unless there is something repugnant in the subject \r\nor context, \"Court of Small Causes\" means a Court of Small Causes constituted \r\nunder this Act, and includes any person exercising jurisdiction under this Act in any \r\nsuch Court. \r\nCHAPTER-II\r\nCONSTITUTION OF COURTS OF SMALL CAUSES\r\n5. Establishment of Courts of Small Causes .— (1) The 9[Provincial \r\nGovernment] 10[ * * * * ]may, by order in writing, establish a Court of Small Causes at \r\nany place within the territories under its administration 11[ * * * * * * * *].\r\n(2) The local limits of the jurisdiction of the Court of Small Causes shall be \r\nsuch as the 12[Provincial Government] may define, and the Court may be held at \r\nsuch place or places within those limits as the 13[Provincial Government] may \r\nappoint.\r\n14[6. Judge.— When a Court of Small Causes has been established there shall be \r\nappointed, by order in writing, a Judge of the Court:\r\nProvided that if the Provincial Government so direct, the same person shall be \r\nthe Judge of more than one such Court.]\r\n6 Omitted the words “or of village-munsifs or village-panchayats, under the provisions of the Madras Code” by the Adaptation of \r\nCentral 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 \r\nthe Gazette of Pakistan (Extraordinary), pages 233-283.\r\n7 XVII of 1879.\r\n8 XIV of 1882.Now the Code of Civil Procedure, 1908 (V of 1908).\r\n9 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations.\r\n10 Omitted the words “with the previous sanction of the Governor General in Council.” by the Decentralization Act, 1914 (IV of \r\n1914), s.2 and the Schedule; and published in the Gazette of India, dated 24.2.1914.\r\n11 Omitted the words “beyond the local limits for the time being of the ordinary original civil jurisdiction of a High Court of \r\nJudicature established in a Presidency-town” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 \r\nof 1949), w.e.f. 28.3.1949, Article 3 and Schedule; and published in the Gazette of Pakistan(Extraordinary), pages 233-283.\r\n12 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations.\r\n13 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations.\r\n14 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule \r\nI.\r\n7. Appointment of times of sitting in certain circumstances .— (1) A Judge \r\nwho is the Judge of two or more such Courts may, with the sanction of the District \r\nCourt, fix the times at which he will sit in each of the Courts of which he is Judge.\r\n(2) Notice of the times shall be published in such manner as the High \r\nCourt from time to time directs.\r\n8. Additional Judges.— 15[(1) If the Provincial Government so direct, there may \r\nbe appointed, by order in writing, Additional Judges of a Court of Small Causes or of \r\ntwo or more such Courts.]\r\n(2) 16[An Additional] Judge shall discharge such of the functions of the \r\nJudge of the Court or Courts as the Judge may assign to him, and in the discharge \r\nof those functions shall exercise the same powers as the Judge.\r\n(3) The Judge may withdraw from 17[an Additional] Judge any business \r\npending before him.\r\n(4) When the judge is absent, the 18[senior] Additional Judge may \r\ndischarge all or any of the functions of the Judge.\r\n19[9. Suspension and removal of Judges.— * * * * * * * * * * * * * * *] \r\n10. Power to require two Judges to sit as a bench.— The 20[Provincial \r\nGovernment], after consultation with the High Court, may, by order in writing, direct \r\nthat two Judges of Courts of Small Causes or a Judge and an Additional Judge of a \r\nCourt of Small Causes shall sit together for the trial of such class or classes of suits \r\nor applications cognizable by a Court of Small Causes as may be described in the \r\norder.\r\n11. Decisions in case heard by a bench.— (1) If two Judges, or a Judge and an \r\nAdditional Judge, sitting together under the last foregoing section, differ as to a \r\nquestion of law or usage having the force of law, or in construing a document the \r\nconstruction of which may affect the merits, they shall draw up and refer, for the \r\ndecision of the High Court, a statement of the facts of the case and of the point on \r\nwhich they differ in opinion, and the provisions of Chapter XLVI of the Code of Civil \r\nProcedure21 shall apply to the reference.\r\n(2) If they differ on any matter other than a matter specified in sub -section \r\n(1) the opinion of the Judge who is senior in respect of date of appointment as \r\n15 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule \r\nI.\r\n16 Substituted for the words “the Additional” by the Repealing and Amending Act, 1915 (XI of 1915), s.2 and the first Schedule; \r\nand published in the Gazette of India, dated 22.9.1915.\r\n17 Substituted for the words “the Additional” by the Repealing and Amending Act, 1915 (XI of 1915), s.2 and the first Schedule; \r\nand published in the Gazette of India, dated 22.9.1915.\r\n18 Inserted by the Repealing and Amending Act, 1915 (XI of 1915), s.2 and the first Schedule; and published in the Gazette of \r\nIndia, dated 22.9.1915.\r\n19 Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule I.\r\n20 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations.\r\n21 XIV of 1882.See now ss.113, 115 and the first Schedule, Order XXLVI of the Code of Civil Procedure, 1908 (V of 1908).\r\njudge of a Court of Small Causes, or, if one of them is an Additional Judge then the \r\nopinion of the Judge sitting with him, shall prevail.\r\n(3) For the purposes of sub -section (2), a Judge permanently appointed \r\nshall be deemed to be senior to an officiating Judge.\r\n12. Registrar.— 22[(1) There may be appointed to a Court of Small Causes an \r\nofficer to be called the Registrar of the Court.]\r\n(2) Where a Registrar is appointed, he shall be the Chief Ministerial Officer \r\nof the Court.\r\n(3) The 23[Provincial Government] may, by order in writing, confer upon a \r\nRegistrar, within the local limits of the jurisdiction of the Court, the jurisdiction of a \r\nJudge of a Court of Small Causes for the trial of suits of which the value does not \r\nexceed twenty rupees. \r\n(4) The Registrar shall try such suits cognizable by him as the Judge may, \r\nby general or special order, direct. \r\n24[(5) * * * * * * *]\r\n25[13. Other ministerial officers.— * * * * * * * * * * * * ]\r\n14. Duties of ministerial officers.— (1) The ministerial officers of a Court of \r\nSmall Causes shall, in addition to any duties mentioned in this Act, or in any other \r\nenactment for the time being in force, as duties which are or may be imposed on any \r\nof them, discharge such duties of a ministerial nature as the Judge directs.\r\n(2) The High Court may make rules consistent with this Act, and with any \r\nother enactment for the time being in force, conferring and imposing on the \r\nministerial officers of a Court of Small Causes such powers and duties as it thinks fit, \r\nand regulating the mode in which powers and duties so conferred and imposed are \r\nto be exercised and performed.\r\nCHAPTER III\r\nJURISDICTION OF COURTS OF SMALL CAUSES\r\n15. Cognizance of suits by Courts of Small Causes .— (1) A Court of Small \r\nCauses shall not take cognizance of the suits specified in the second schedule as \r\nsuits excepted from the cognizance of a Court of Small Causes.\r\n(2) Subject to the exceptions specified in that schedule and to the \r\nprovisions of any enactment for the time being in force, all suits of a civil nature of \r\n22 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule \r\nI.\r\n23 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations.\r\n24 Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule I.\r\n25 Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule I.\r\nwhich the value does not exceed 26[two thousand] rupees shall be cognizable by a \r\nCourt of Small Causes.\r\n(3) Subject as aforesaid 27[and subject to any directions which the \r\nProvincial Government may give in this respect, the High Court,] may by order in \r\nwriting, direct that all suits of a civil nature of which the value does not exceed 28[five \r\nthousand] rupees shall be cognizable by a Court of Small Causes mentioned in the \r\nOrder.\r\n16. Exclusive jurisdiction of Courts of Small Causes .— Save as expressly \r\nprovided by this Act or by any other enactment for the time being in force, a suit \r\ncognizable by a Court of Small Causes shall not be tried by any other Court having \r\njurisdiction within the local limits of the jurisdiction of the Court of Small Causes by \r\nwhich the suit is triable. \r\nCHAPTER-IV\r\nPRACTICE AND PROCEDURE\r\n17. Application of the Code of Civil Procedure.— (1) 29[The procedure \r\nprescribed in the Code of Civil Procedure, 1908 30, shall, save in so far as is \r\notherwise provided by that Code or by this Act], be the procedure followed in a Court \r\nof Small Causes in all suits cognizable by it and in all proceedings arising out of such \r\nsuits:\r\nProvided that an applicant for an order to set aside a decree passed ex parte \r\nor for a review of judgement shall, at the time of presenting his application, either \r\ndeposit in the Court the amount due from him under the decree or in pursuance of \r\nthe judgement, or give 31[such security for the performance of the decree or \r\ncompliance with the judgment as the Court may, on a previous application made by \r\nhim in this behalf, have directed].\r\n(2) Where a person has become liable as surety under the proviso to \r\nsub-section (1), the security may be realized in manner provided by section 32[145] of \r\nthe Code of Civil Procedure, 33[1908].\r\n26 Substituted for the words “one thousand” by the Provincial Small Cause Courts (West Pakistan Amendment) Ordinance, \r\n1966 (VIII of 1966), w.e.f 31.3.1966, s.2; and published in the Gazette of West Pakistan (Extraordinary), pages711-712.\r\n27 Substituted for the words “,the Provincial Government” by the Provincial Small Cause Courts (West Pakistan Amendment) \r\nOrdinance, 1966 (VIII of 1966), w.e.f 31.3.1966, s.2; and published in the Gazette of West Pakistan (Extraordinary), pages711-\r\n712.which had been Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\nw.e.f. 1.4.1937, Article 4 and Table of General Adaptations.\r\n28 Substituted for the words “two thousand” by the Provincial Small Cause Courts (West Pakistan Amendment) Ordinance, \r\n1966 (VIII of 1966), w.e.f 31.3.1966, s.2; and published in the Gazette of West Pakistan (Extraordinary), pages711-712.\r\n29 Substituted for the words beginning with “The procedure” and ending with the words “are applicable” by the Small Cause \r\nCourts (Attachment of Immovable Property) Act, 1926 (I of 1926), s.2; and passed by the Indian Legislature and received the \r\nassent of the Governor General on 24.2.1926.\r\n30 V of 1908.\r\n31 Substituted for “security to the satisfaction of the Court for the performance of the decree or compliance with the judgment, \r\nas the Court may direct” by the Provincial Small Cause Courts (Amendment) Act, 1935 (IX of 1935), s.2; and passed by the \r\nIndian Legislature and received the assent of the Governor General on 28.9.1935.\r\n32 Substituted for the figure “253” by the Small Cause Courts (Attachment of Immovable Property) Act, 1926 (I of 1926) , s.2; \r\nand passed by the Indian Legislature and received the assent of the Governor General on 24.2.1926.\r\n18. Trial of suits by Registrar.— (1) Suits cognizable by the Registrar under \r\nsection 12, sub -sections (3) and (4), shall be tried by him and decrees passed \r\ntherein shall be executed by him, in like manner in all respects as the Judge might \r\ntry the suits, and execute the decrees, respectively.\r\n(2) The Judge may transfer to his own file, or to that of the Additional \r\nJudge if an Additional Judge has been appointed, any suit or other proceeding \r\npending on the file of the Registrar.\r\n19. Admission, return and rejection of plaints by Registrar.— (1) When the \r\nJudge of a Court of Small Causes is absent, and an Additional Judge has not been \r\nappointed or, having been appointed, is also absent, the Registrar may admit a \r\nplaint, or return or reject a plaint for any reason for which the Judge might return or \r\nreject it.\r\n(2) The Judge may, of his own motion or on the application of a party, \r\nreturn or reject a plaint which has been admitted by the Registrar, or admit a plaint \r\nwhich has been returned or rejected by him:\r\nProvided that where a party applies for the return or rejection or the admission \r\nof a plaint under this sub -section, and his application is not made at the first, sitting \r\nof the Judge after the day on which the Registrar admitted, or returned or rejected \r\nthe plaint, the Judge shall dismiss the application unless the applicant satisfies him \r\nthat there was sufficient cause for not making the application at that sitting. \r\n20. Passing of decrees by Registrar on confession .— (1) If, before the date \r\nappointed for the hearing of a suit, the defendant or his agent duly authorized in that \r\nbehalf appears before the Registrar and admits the plaintiff's claim, the Registrar \r\nmay, if the Judge is absent, and an Additional Judge has not been appointed or, \r\nhaving been appointed, is also absent, pass against the defendant, upon the \r\nadmission, a decree which shall have the same effect as a decree passed by the \r\nJudge. \r\n(2) Where a decree has been passed by the Registrar under sub -section \r\n(1), the Judge may grant an application for review of judgment, and re-hear the \r\nsuit, on the same conditions, on the same grounds and in the same manner as if the \r\ndecree had been passed by himself. \r\n21. Execution of decrees by Registrar .— (1) If the Judge is absent, and an \r\nAdditional Judge has not been appointed or, having been appointed, is also absent, \r\nthe Registrar may, subject to any instructions which he may have received from the \r\nJudge or, with respect to decrees or orders made by an Additional Judge, from the \r\nAdditional Judge, make any order in respect of applications for the execution of \r\ndecrees and orders made by the Court of which he is Registrar, or sent to that Court \r\nfor execution, which the Judge might make under this Act. \r\n(2) The Judge, in the case of any decree or order with respect to the \r\nexecution of which the Registrar has made an order under sub -section (1) or the \r\nAdditional Judge, in the case of any such decree or order which has been made by \r\nhimself and with respect to which proceedings have not been taken by the Judge \r\nunder this sub -section, may, of his own motion, or on application made by a party \r\n33 Added by the Small Cause Courts (Attachment of Immovable Property) Act, 1926 (I of 1926) , s.2; and passed by the Indian \r\nLegislature and received the assent of the Governor General on 24.2.1926.\r\nwithin fifteen days, from the date of the order of the Registrar or of the execution of \r\nany process issued in pursuance of that order, reverse or modify the order. \r\n(3) The period of fifteen days mentioned in sub -section (2) shall be \r\ncomputed in accordance with the provisions of the Indian Limitation Act, 1877 34, as \r\nthough the application of the party were an application for review of judgement. \r\n22. Adjournment of cases by chief ministerial officer .— When the Judge of a \r\nCourt of Small Causes is absent and an Additional Judge has not been appointed or, \r\nhaving been appointed, is also absent, the Registrar or other chief ministerial officer \r\nof the Court may exercise from time to time the power which the Court possesses of \r\nadjourning the hearing of any suit or other proceeding, and fix a day for the further \r\nhearing thereof. \r\n23. Return of plaints in suits involving question of title.— (1) Notwithstanding, \r\nanything in the foregoing portion of this Act, when the right of a plaintiff and the relief \r\nclaimed by him in a Court of Small Causes depend upon the proof or disproof of a \r\ntitle to immovable property or other title which such a Court cannot finally determine, \r\nthe Court may at any stage of the proceedings return the plaint to be presented to a \r\nCourt having jurisdiction to determine the title.\r\n(2) When a Court returns a plaint under sub -section (1), it shall comply \r\nwith the provisions of the second paragraph of section 57 of the Code of Civil \r\nProcedure35 and make such order with respect to costs as it deems just, and the \r\nCourt shall, for the purposes of the Indian Limitation Act, 1877 36, be deemed to have \r\nbeen unable to entertain the suit by reason of a cause of a nature like to that of \r\ndefect of jurisdiction. \r\n24. Appeal from certain orders of Courts of Small Causes .— Where an order \r\nspecified in 37[clause (ff) or clause (h) of sub-section (1) of section 104 of the Code of \r\nCivil Procedure, 1908 38,] is made by a Court of Small Causes, an appeal therefrom \r\nshall lie to the District Court, 39[on any ground on which an appeal from such order \r\nwould lie under that section.] \r\n25. Revision of decrees and orders of Courts of Small Causes .— The High \r\nCourt, for the purpose of satisfying itself that a decree or order made in any case \r\ndecided by a Court of Small Causes was according to law, may call for the case and \r\npass such order with respect thereto as it thinks fit.\r\n40[26. Amendment of the second schedule to the Code of Civil Procedure.— ** * * *]\r\n34 XV of 1877. Now the Limitation Act, 1908 (IX of 1908).\r\n35 XIV of 1882. See now the First Schedule, Order VII, rule 10 of the Code of Civil Procedure, 1908 (Act VI of 1908).\r\n36 XV of 1877. Now the Limitation Act, 1908 (IX of 1908).\r\n37 Substituted for the words and figures “section 588, clause (29) of the Code of Civil Procedure (V of 1908)” by the Civil \r\nProcedure (Amendment) Act, 1922 (IX of 1922), s.5; and published in the Gazette of India, dated 5.3.1922.\r\n38 V of 1908.\r\n39 Added by the Civil Procedure (Amendment) Act, 1922 (IX of 1922), s.5; and published in the Gazette of India, dated \r\n5.3.1922.\r\n40 Repealed by the Presidency Small Cause Courts Law Amendment Act, 1888(X of 1888), s.4.\r\n27. Finality of decrees and orders.— Save as provided by this Act, a decree or \r\norder made under the foregoing provisions of this Act by a Court of Small Causes \r\nshall be final. \r\n41[27A. Application for distress warrant. — (1) Any person claiming to be entitled \r\nto arrears of rent of any house or premises situate within the local limits of the \r\nCourt's jurisdiction of which the annual rent does not exceed 42[two thousand rupees \r\nor, where the Court is empowered under sub-section (3) of section 15, five thousand \r\nrupees], may apply to the Court for a distress warrant. \r\n(2) The application shall be supported by an affidavit or affirmation to the \r\neffect of Form A given in the Third Schedule. \r\n(3) Nothing in this section shall apply to—\r\n(a) any rent due to Government; \r\n(b) any rent which has been due for more than twelve months before the \r\napplication mentioned in sub-section (1) is made.\r\n27B. Application to discharge or suspend warrant. — ( 1) The debtor or any \r\nother person alleging himself to be the owner of any property seized under a \r\ndistress warrant under section 27A may, at any time within five days or such \r\nextended time as the Court may grant for reasons recorded in writing from such \r\nseizure, apply to the Court to discharge or suspend the warrant, or to release a \r\ndistrained article and the Court may discharge or suspend such warrant or release \r\nsuch article accordingly, upon such terms as it thinks just and the Court may, in its \r\ndiscretion, give reasonable time to the debtor to pay the rent due from him. \r\n(2) Upon any such application, the costs attending it and attending the \r\nissue and execution of the warrant shall be in the discretion of the Court and shall be \r\npaid as the Court directs.]\r\nCHAPTER-V\r\nSUPPLEMENTAL PROVISIONS\r\n28. Subordination of Courts of Small Causes.— (1) A Court of Small \r\nCauses shall be subject to the administrative control of the District Court and to the \r\nsuperintendence of the High Court, and shall-\r\n(a) keep such registers, books and accounts as the High Court from time \r\nto time prescribes, and \r\n(b) comply with such requisitions as may be made by the District Court, \r\nthe High Court or the 43[Provincial Government] for records, returns and \r\nstatements in such form and manner as the authority making the \r\nrequisition directs.\r\n41 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.3; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n42 Substituted for “one thousand rupees or, where the Court is empowered under sub -section (3) of section 15, two thousand \r\nrupees” by the Provincial Small Cause Courts (West Pakistan Amendment) Ordinance, 1966 (VIII of 1966), w.e.f 31.3.1966, \r\ns.3; and published in the Gazette of West Pakistan (Extraordinary), pages 711-712.\r\n43 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations.\r\n(2) The relation of the District Court to a Court of Small Causes, with \r\nrespect to administrative control, shall be the same as that of the District Court to a \r\nCivil Court of the lowest grade competent to try an original suit of the value of five \r\nthousand rupees in that portion of the territories administered by the 44[Provincial \r\nGovernment] in which the Court of Small Causes is established.\r\n45[28-A. Power of District Court to withdraw and transfer causes. —(1) Where a \r\nDistrict Court is satisfied that any particular suit cannot be adequately tried by a \r\nCourt of Small Causes it may withdraw such suit from that Court and-\r\n(i) try or dispose of that suit itself, or\r\n(ii) transfer such suit to another Court subordinate to the District Court.\r\n(2) Where any suit is so withdrawn, the District Court or the Court to which \r\nsuch suit is transferred shall try and dispose of the same as if such suit were not \r\ncognizable by a Court of Small Causes.] \r\n29. Seal.— A Court of Small Causes shall use a seal of such form and \r\ndimensions as are prescribed by the 46[Provincial Government]. \r\n30. Abolition of Courts of Small Causes .— The 47[Provincial Government] may, \r\nby order in writing, abolish a Court of Small Causes. \r\n31. Saving of power to appoint Judge of Court of Small Causes to other \r\noffice.— (1) Nothing in this Act shall be construed to prevent 48[the appointment of] a \r\nperson who is a Judge or Additional Judge of a Court of Small Causes to be also a \r\nJudge of any other Civil Court or to be a Magistrate of any class or to hold any other \r\npublic office. \r\n(2) When a judge or Additional Judge is so appointed, the ministerial \r\nofficers of his Court shall subject to any rules which the 49[Provincial Government] \r\nmay make in this behalf, be deemed to be ministerial officers appointed to aid him in \r\nthe discharge of the duties of the other office.\r\n32. Application of Act to Courts invested with jurisdiction of Court of Small \r\nCauses.— (1) So much of Chapters III and IV as relates to—\r\n(a) the nature of the suits cognizable by Courts of Small Causes, \r\n(b) the exclusion of the jurisdiction of other Courts in those suits, \r\n(c) the practice and procedure of Courts of Small Causes,\r\n44 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations.\r\n45 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.4; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n46 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations.\r\n47 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations.\r\n48 Substituted for “the Local Government from appointing” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\nw.e.f. 1.4.1937, Article 3 and the Schedule I.\r\n49 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations.\r\n(d) appeal from certain orders of those Courts and revision of cases \r\ndecided by them, and\r\n(e) the finality of their decrees and orders subject to such appeal and \r\nrevision as are provided by this Act,\r\napplies to Courts invested by or under any enactment for the time \r\nbeing in force with the jurisdiction of a Court of Small Causes so far as \r\nregards the exercise of that jurisdiction by those Courts.\r\n(2) Nothing in sub-section (1) with respect to Courts invested with the \r\njurisdiction of a Court of Small Causes applies to suits instituted or proceedings \r\ncommenced in those Courts before the date on which they were invested with that \r\njurisdiction.\r\n33. Application of Act and Code to Court so invested as to two Courts. — A \r\nCourt invested with the jurisdiction of a Court of Small Causes with respect to the \r\nexercise of that jurisdiction, and the same Court with respect to the exercise of its \r\njurisdiction in suits of a civil nature which are not cognizable by a Court of Small \r\nCauses, shall, for the purposes of this Act and the Code of Civil Procedure 50, be \r\ndeemed to be different Courts.\r\n34. Modification of Code as so applied .— Notwithstanding anything in the last \r\ntwo foregoing sections,—\r\n(a) when in exercise of the jurisdiction of a Court of Small Causes, a Court \r\ninvested with that jurisdiction sends a decree for execution to itself as a \r\nCourt having jurisdiction in suits of civil nature which are not cognizable \r\nby a Court of Small Causes, or\r\n(b) when a Court, in the exercise of its jurisdiction in suits of a civil nature \r\nwhich are not cognizable by a Court of Small Causes, send, a decree \r\nfor execution to itself as a Court invested with the jurisdiction of a Court \r\nof Small Causes, the documents mentioned in section 224 of the Code \r\nof Civil Procedure 51 shall not be sent with the decree unless in any \r\ncase the Court, by order in writing, requires them to be sent.\r\n35. Continuance of proceedings of abolished Courts .— (1) Where a Court of \r\nSmall Causes, or a Court invested with the jurisdiction of a Court of Small Causes, \r\nhas from any cause ceased to have jurisdiction with respect to any case, any \r\nproceeding in relation to the case, whether before or after decree, which, if the Court \r\nhad not ceased to have jurisdiction, might have been had therein, may be had in the \r\nCourt which, if the suit out of which the proceeding has arisen were about to be \r\ninstituted, would have jurisdiction to try the suit.\r\n(2) Nothing in this section applies to cases for which special provision is \r\nmade in the Code of Civil Procedure 52 as extended to Courts of Small Causes or in \r\nany other enactment for the time being in force.\r\n50 XIV of 1882.Now the Code of Civil Procedure, 1908 (V of 1908).\r\n51 XIV of 1882.See now the First Schedule, Order XXI, rule 6, of the Code of Civil Procedure, 1908 (V of 1908).\r\n52 XIV of 1882.Now the Code of Civil Procedure, 1908 (V of 1908).\r\n53[36. Amendment of Indian Limitation Act.—* * * * * * * * * * * * * * * * *]\r\n37. Publication of certain orders.— All orders required by this Act to be made in \r\nwriting by the 54[Provincial Government] shall be published in the official Gazette.\r\n53 Repealed by the Limitation Act, 1908 (IX of 1908).\r\n54 Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations.\r\nTHE FIRST SCHEDULE\r\n55[ENACTMENTS REPEALED.]\r\nTHE SECOND SCHEDULE\r\nSUITS EXCEPTED FROM THE COGNIZANCE OF A COURT OF\r\nSMALL CAUSES.\r\n(See section 15)\r\n56[(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 \r\nGovernment];\r\n(2) a suit concerning an act purporting to be done by any person in pursuance of \r\na judgement or order of a Court or of a judicial officer acting in the execution \r\nof his office;\r\n(3) a suit concerning an act or order purporting to be done or made by any other \r\nofficer of the Government in his official capacity, or by a Court of Wards, or by \r\nan officer of a Court of Wards in the execution of his office;\r\n(4) a suit for the possession of immovable property 59[,other than a suit for \r\nejectment of a tenant unless, any other Court or officer has exclusive \r\njurisdiction in the matter] or for the recovery of an interest in such property;\r\n(5) a suit for the partition of immovable property;\r\n(6) 60[except in the case of simple mortgage,] a suit by a mortgagee of immovable \r\nproperty for the foreclosure of the mortgage or for the sale of the property, or \r\nby a mortgagor of immovable property for the redemption of the mortgage;\r\n(7) a suit for the assessment, enhancement, abatement or apportionment of the \r\nrent of immovable property;\r\n61[(8) * * * * * * *]\r\n55 Repealed by the Amending Act, 1891 (XII of 1891), s.2 and schedule I; and published in the Gazette of India, dated \r\n21.3.1891.\r\n56 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, Article 3 and the Schedule \r\nI.\r\n57 Substituted for “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), w.e.f. 1.8.1975, \r\nArticle 2 and Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages. 435-467.\r\n58 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 \r\nTable; and published in the Gazette of Pakistan (Extraordinary), dated 24.1.1961, pages.102-174.\r\n59 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n60 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n61 Omitted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n(9) a suit concerning the liability of land to be assessed to land-revenue;\r\n(10) a suit to restrain waste;\r\n(11) a suit for the determination or enforcement of any other right to or interest in \r\nimmovable property;\r\n(12) a suit for the possession of an hereditary office or of an interest in such an \r\noffice, including a suit to establish an exclusive or periodically recurring right \r\nto discharge the functions of an office;\r\n(13) a suit to enforce payment of the allowance or fees respectively called \r\nmalikana and hakk, or of cesses or other dues when the cesses or dues are \r\npayable to a person by reason of his interest in immovable property or in an \r\nhereditary office or in a shrine or other religious institution 62[but nothing in this \r\narticle shall apply to any claim for money based on contract in writing];\r\n(14) a suit to recover from a person to whom compensation has been paid under \r\nthe Land Acquisition Act, 187063, the whole or any part of the compensation;\r\n(15) a suit for the specific performance or rescission of a contract;\r\n(16) a suit for the rectification or cancellation of an instrument;\r\n(17) a suit to obtain an injunction;\r\n(18) a suit 64[to enforce a trust], including a suit to make good out of the general \r\nestate of a deceased trustee the loss occasioned by a breach of trust, and a \r\nsuit by a co -trustee to enforce against the estate of a deceased trustee a \r\nclaim for contribution;\r\n(19) a suit for a declaratory decree, not being a suit instituted under section 283 or \r\nsection 332 of the Code of Civil Procedure65; \r\n66[(20) * * * * * * * * * * * * * * * * ** ]\r\n(21) a suit to set aside an attachment 67[of immovable property] by a Court or a \r\nrevenue- authority, or a sale, mortgage, lease or other transfer 68[of \r\nimmovable property] by a Court or a revenue-authority or by a guardian;\r\n(22) a suit for property which the plaintiff has conveyed while insane;\r\n(23) a suit to alter or set aside a decision, decree or order of a Court or of a person \r\nacting in a judicial capacity;\r\n(24) a suit to contest an award;\r\n62 Added by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n63 X of 1870.Now the Land Acquisition Act, 1894 (I of 1894).\r\n64 Substituted for “relating to a trust” by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. \r\n7.6.1962, s.5; and published in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n65 XIV of 1882. Now the Code of Civil Procedure, 1908 (V of 1908).\r\n66 Omitted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n67 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n68 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n69[(25) * * * * * * * * * * * * * * * * * *]\r\n70[(26) * * * * * * * * * * * * * * * * * *]\r\n(27) a suit under the Indian Succession Act, 1865 71, section 320 or section 321, or \r\nunder the Probate and Administration Act, 1881 72, section 139 or section 140, \r\nto compel a refund by a person to whom an executor or administrator has \r\npaid a legacy or distributed assets;\r\n(28) a suit for a legacy or for the whole or a share of a residue bequeathed by a \r\ntestator, or for the whole or a share of the property of an intestate;\r\n(29) a suit---\r\n(a) for a dissolution of partnership or for the winding up of the business of \r\na partnership after its dissolution;\r\n(b) for an account of partnership transections; or\r\n(c) for a balance of partnership-account, unless the balance has been \r\nstruck by the parties or their agents;\r\n(30) a suit for an account of property and for its due administration under decree;\r\n(31) any other suit for an account, including a suit by a mortgagor, after the \r\nmortgage has been satisfied, to recover surplus collections received by the \r\nmortgagee, and suit for the profits on immovable property 73[,but not including \r\nsuit for mesne profits,] belonging to the plaintiff which have been wrongfully \r\nreceived by the defendant;\r\n(32) a suit for a general average loss or for salvage;\r\n(33) a suit for compensation in respect of collision between ships;\r\n(34) a suit on a policy of insurance or for the recovery of any premium paid under \r\nany such policy;\r\n(35) a suit for compensation-\r\n(a) for loss occasioned by the death of a person caused by actionable \r\nwrong;\r\n(b) for wrongful arrest, restraint or confinement;\r\n(c) for malicious prosecution;\r\n(d) for libel;\r\n(e) for slander;\r\n(f) for adultery or seduction;\r\n(g) for breach of contract of betrothal or promise of marriage;\r\n69 Omitted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n70 Omitted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n71 X of 1865. Now the Succession Act, 1925 (XXXIX of 1925).\r\n72 V of 1881.Now the Succession Act, 1925 (XXXIX of 1925).\r\n73 Inserted by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n(h) for inducing a person to break a contract made with the plaintiff;\r\n(i) for obstruction of an easement or diversion of a water-course;\r\n74[(ii) for an act which is, or, save for the provisions of Chapter IV of the \r\nIndian Penal Code 75, would be, an offence punishable under Chapter \r\nXVII of the said Code;]\r\n76[(j) for illegal, improper or excessive distress, attachment or search, or for \r\ntrespass committed in, or damage caused by, the illegal or improper \r\nexecution of any distress, search or legal process;]\r\n(k) for improper arrest under Chapter XXXIV of the Code of Civil \r\nProcedure77 or in respect of the issue of an injunction wrongfully \r\nobtained under Chapter XXXV of that Code; or\r\n(l) for injury to the person in any case not specified in the foregoing \r\nsub-clauses of this clause;\r\n(36) a suit by a 78[Muslim] for exigible (mu'ajjal) or deferred (mu'wajjal) dower;\r\n(37) a suit for the restitution of conjugal rights, 79[* * * * *] for the custody of a \r\nminor, or for a divorce;\r\n(38) a suit relating to maintenance 80[,except where a claim for maintenance is \r\nbased on contract in writing]; \r\n(39) a suit for arrears of land -revenue, village-expenses or other sums payable to \r\nthe representative of a village-community or to his heir or other successor in \r\ntitle; \r\n(40) a suit for profits payable by the Representative of a village-community or by \r\nhis heir or other successor in title after payment of land -revenue, village \r\nexpenses and other sums; \r\n(41) a suit for contribution by a sharer in joint property in respect of a payment \r\nmade by him of money due from a co -sharer, or by manager of a joint \r\nproperty, or a member of an undivided family in respect of payment made by \r\nhim on account of the property of family; \r\n(42) a suit by one of several joint mortgagors, of immovable property for \r\ncontribution in respect of money paid by him for the redemption of the \r\nmortgaged property; \r\n74 Inserted by the provincial Small Cause Courts (Amendment) Act, 1914 (VI of 1914), s.2; and published in the Gazette of \r\nIndia, dated 25.2.1914.\r\n75 XLV of 1860.Now the Pakistan Penal Code, 1860 (XLV of 1860).\r\n76 Inserted by the provincial Small Cause Courts (Amendment) Act, 1914 (VI of 1914), s.2; and published in the Gazette of \r\nIndia, dated 25.2.1914.\r\n77 XIV of 1882. Now the Code of Civil Procedure, 1908 (V of 1908).\r\n78 Substituted for “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), w.e.f. 1.8.1975, Article \r\n2 and Table of General Adaptations; and published in the Gazette of Pakistan (Extraordinary), pages. 435-467.\r\n79 Repealed the words “for the recovery of a wife” by the Repealing and Amending Act, 1914 (X of 1914), s.3 and Second \r\nSchedule; and published in the Gazette of India dated 17.3.1914.\r\n80 Added by the Provincial Small Causes Courts (Amendment) Ordinance, 1962 (LI of 1962), w.e.f. 7.6.1962, s.5; and \r\npublished in the Gazette of Pakistan (Extraordinary), pages 980-983.\r\n(43) a suit against the Government to recover money paid under protest in \r\nsatisfaction of a claim made by a revenue-authority on account of an arrear of \r\nland-revenue or of a demand recoverable as an arrear of land-revenue; \r\n81[(43A) a suit to recover property obtained by an act which is, or, save for the \r\nprovisions of Chapter IV of the 82Indian Penal Code (XLV of 1860), would be, \r\nan offence punishable under Chapter XVII of the said Code;] \r\n(44) a suit the cognizance whereof by a Court of Small Causes is barred by any \r\nenactment for the time being in force.\r\n83[THIRD SCHEDULE\r\n(See section 27A)\r\nIn the Court of Small Cause __________________________\r\nA.B.\r\n(Plaintiff)\r\nversus\r\nC.D.\r\n(defendant)\r\nA.B. of __________, in the town of__________, makes oath (or affirms) and says \r\nthat C.D.__________, of________________, is justly indebted to______________, \r\nin the sum of Rs._____________ for, arrears of rent of the house and premises \r\nNo._____________, situate at____________, in the town of_____________, due \r\nfor__________________ months, to wit, from \r\n_____________to________________, at the rate of Rs.________________ per \r\nmensem.\r\nSworn or affirmed before me the ________ day of ____________ 19_____.\r\nJudge (or Registrar.)]\r\n81 Inserted by the provincial Small Cause Courts (Amendment) Act, 1914 (VI of 1914), s.3; and published in the Gazette of \r\nIndia, dated 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