Lawgist17Application of the Code of Civil Procedure
(1) 1 [The procedure prescribed in the Code of Civil Procedure, 1908 (5 of 1908), 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 judgment 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 judgment, or give 2 [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 realised in manner provided by section 3 [145] of the Code of Civil Procedure, 4 [1908 (5 of 1908)].
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1. Subs. by Act 1 of 1926, s. 2, for certain words.
2. Subs. by Act 9 of 1935, s. 2, for "security to the satisfaction of the Court for the performance of the decree or compliance with the judgment, as the Court may direct".
3. Subs. by Act 1 of 1926, s. 2, for "253". 4. Ins. by s. 2, ibid.
- 1 Title, extent and commencement
- 2 [Repealed.]
- 3 Savings
- 4 Definition
- 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- 9 [Repealed.]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 si t as a bench
- 11 Decision in case heard by a bench
- 12 Registrar
- 13 [Repealed.]
- 14 Duties of ministerial officers
- 15 Cognizance of suits by Courts of Small Causes
- 16 Exclusive jurisdiction of Courts of Small Causes
- 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 questions of title
- 24 Appeal from certain orders of Courts of Small Causes
- 25 Revision of decrees and orders of Courts of Small Causes
- 26 [Repealed.]
- 27 Finali ty of decrees and orders
- 28 Subordination of Courts of Small Causes
- 29 Seal
- 30 Abolit ion 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
