Small Cause Courts Act, 1964 Chapter v

(1)A Court of Small Causes shall be subject to the administrative control of the DistrictCourt, and to the superintendence of the High Court, and shall,-

(a) keep such registers, books and accounts as the High Courtfrom time to time prescribes, and

(b) comply with such requisitions as may be made by the DistrictCourt or the High Court, for records, returns and statements in such form andmanner as the authority making the requisition directs.

(2)The relation of the District Court to a Court of Small Causes, with respect toadministrative control shall be the same as that of the District Court to aCivil Court of the lowest grade competent to try an original suit of the valueof ten thousand rupees in that portion of the ¹ [State of Karnataka]in which the Court of Small Causes is established.

² [(3) Notwithstanding anything contained in sub-sections(1) and (2) the Court of Small Causes in the City of Bangalore shall besubordinate to and subject to the administrative control and superintendence ofthe High Court.]

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1. Adopted by the Karnatakaadoptation of Laws order 1973 w.e.f. 1.11.1973.

2. Inserted by Act 13 of 1980w.e.f.17.11.1980.

¹ [21. Vacation

(1)The Courts of Small Causes in the State or in any area of the State, shall beclosed on such days as may be notified by the State Government as publicholidays, for the whole State or for any area in the State.

(2)The Courts of Small Causes shall have three vacations in each year, summer,dasara and winter and the total number of days of the said three vacationstogether shall not exceed ² [sixty days] and the High Court shall fixthe period of each vacation.

(3)Notwithstanding anything contained in this Act,-

(a) the High Courtmay, where there are more than one Judge in any Court of Small Causes,designate by notification, any one or more of those Judges as Vacation Judge orJudges for the duration of the adjournment of such Court of Small Causes duringany vacation, or part thereof;

(b) Where there isonly one Judge in any Court of Small Causes, the High Court may, designate bynotification such Judge or appoint any Civil Judge in the district as theVacation Judge for the duration of the adjournment of such Court of SmallCauses during any vacation or part thereof. The High Court may regulate byspecial or general order work to be discharged by the Vacation Judge, orJudges, Court of Small Causes.

(4)(a) The local limits of thejurisdiction of the Vacation Judge, Court of Small Causes shall be the same asthose of the Court of Small Causes concerned.

(b)The jurisdiction of the Vacation Judge, Court of Small Causes shall extend toall suits or proceedings cognizable by the Court of Small Causes concerned.

(5)The place at which the Court of the Vacation Judge, Court of Small Causes,shall be held, shall be the same at which the Court of Small Causes concernedmay be held. The Senior Vacation Judge or the Vacation Judge as the case maybe, shall have such administrative control over the staff of the Court of theSmall Causes concerned, as the High Court may, by general or special order,determine.

(6)Notwithstanding the designation of the Vacation Judge or Judges, the Courts ofSmall Causes concerned shall during the period it is adjourned for anyvacation, be deemed to be closed for the purposes of section 4 of theLimitation Act, 1963 (Central Act 36 of 1963).]

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1.Subsection 1 to 6 substituted byAct 26 of 1985 w.e.f. 29.4.1985.

2. Substituted by Act 11 of 1981w.e.f. 4.4.1981

The Court of Small Causes shall use a seal which shall bear thereon the [Karnataka] State Emblem and shall be in such form, of such dimensions and with the name of the Court in such language, as the State Government may, by order, determine:

Provided that the seal in use by a Court of Small Causes immediately prior to the commencement of this Act may continue to be used until an order is made by the State Government under this section.

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1. Adopted by the Karnataka adoptation of Laws order 1973 w.e.f. 1.11.1973.

The State Government may, in consultation with the High Court, abolish by notification a Court of Small Causes.

(1) Nothing in this Act shall be construed to prevent the appointment of a person who is a Judge or Additional Judge of a Court of Small Causes, to be also a Judge in any other Civil Court or to be a Magistrate of any class.

(2) When a Judge or Additional Judge is so appointed, the ministerial officers of his Court shall subject to any rules which the High Court may with the approval of the State Government, make in this behalf, be deemed to be ministerial officers appointed to aid him in the discharge of his duties of the other office.

(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,

(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 law 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.

Notwithstanding anything in section 25 or section 26,

(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 a 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, sends a decree for execution to itself as a Court invested with the jurisdiction of a Court of Small Causes,

the documents mentioned in rule 6 of Order XXI of the Code shall not be sent with the decree, unless in any case the Court, by order in writing, requires them to be sent.

(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 as extended to Courts of Small Causes or in any other law for the time being in force.

Onand from the date this Act comes into force,-

(a) the Mysore Small Cause Courts Act, 1911 (Mysore Act 8 of1911), as in force in the Mysore Area,

(b) the Hyderabad Small Causes Courts Act, 1330-F (Hyderabad Act6 of 1330-Fasli), as in force in the ¹[Gulbarga Area]1,

(c) the Provincial Small Cause Courts Act, 1887 (Central Act 9 of1887), as in force in the ¹[Belgaum Area]1, the ¹[Mangalore and Kollegal Area]1and the Coorg District, of the ¹[State of Karnataka]1,

-shallstand repealed:

Provided that such repeal shall not affect the previous operation ofthe Acts so repealed and anything done or any action taken (including thelimits defined, the courts established or constituted, appointments, rules ororders made, functions assigned, powers granted, seals or forms prescribed,jurisdiction defined or vested, notifications or notices issued and proceedingsinstituted) by or under the provisions thereof, shall, in so far as it is notinconsistent with the provisions of this Act, be deemed to have been done ortaken under the corresponding provisions of this Act, and shall continue inforce unless and until superseded by anything done or any action taken underthis Act.

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1. Adopted by the Karnatakaadoptation of Laws order 1973 w.e.f. 1.11.1973.