LexThe KARNATAKA SMALL CAUSE COURTS ACT, 1964
Karnataka · state statute
Open in Lexace · Ask the AI about this actTHE KARNATAKA SMALL CAUSE COURTS ACT, 1964
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons
Sections :
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CONSTITUTION OF COURTS OF SMALL CAUSES
3. Establishment of Courts of Small Causes.
4. Judge.
5. Additional Judges.
6. Registrar.
7. Duties of ministerial officers.
CHAPTER III
JURISDICTION OF COURTS OF SMALL CAUSES
8. Cognizance of suits by Courts of Small Causes.
9. Exclusive jurisdiction of Courts of Small Causes.
CHAPTER IV
PRACTICE AND PROCEDURE
10. Application of the Code.
11. Trial of suits by Registrar.
12. Admission, return and rejection of plaints by Registrar.
13. Passing of decrees by Registrar on admission.
14. Execution of decrees by Registrar.
15. Adjournment of cases by chief ministerial officers.
16. Return of Plaint In Suits Involving question of title.
17. Appeal from certain orders of Courts of Small Causes.
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18. Revision of decrees and orders of Courts of Small Causes.
19. Finality of decrees or orders.
CHAPTER V
SUPPLEMENTARY PROVISIONS
20. Subordination of Courts of Small Causes.
21. Vacation.
22. Seal.
23. Abolition of Courts of Small Causes.
24. Saving of power to appoint Judge of Court of Small Causes to other
office.
25. Application of Act to Courts invested with jurisdiction of Court of Small
Causes.
26. Application of Act and Code to Courts so invested as to two Courts.
27. Modification of Code as so applied.
28. Continuance of proceedings of abolished Courts.
29. Repeal and savings.
SCHEDULE.
* * * *
STATEMENTS OF OBJECTS AND REASONS
I
Act 11 of 1964. - There are at present fi ve different enactments in force
in the five Areas of the Mysore State to regulate the constitution, powers
and jurisdiction of civil courts. It is proposed to have a uniform law on the
subject. Hence this Bill.
The following are the salient features of the Bill, namely:—
(1) provision for three classes of Civil Courts subordinate to the High
Court, namely:—
(i) the Court of the District Judge called the District Court;
(ii) the Court of the Civil Judge; and
(iii) the Court of the Munsiff;
(2) provision for the establishment of a District Court for each district or
more than one district and for treating the City of Bangalore as a district;
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(3) provision for the establishment of a Court of a Civil Judge for each
district; or for part of a district or for more than one district;
(4) provision for fixing and varying by the High Court with the approval of
the State Government, the number of Civil Judges and Munsiffs to be
appointed to the Court of a Civil Judge or Munsiff’s Court;
(5) provision empowering the State Government to fix the locality of
courts in consultation with the High Court;
(6) provision for treating the Courts of Civil Judges (Senior Division) in
the Bombay Area, the Courts of Civil Judges in the Mysore Area; and the
Courts of Subordinate Judges, as Courts of Civil Judges; and for treating the
Courts of Civil Judges (Junior Division) in the Bombay Area, the Courts of
District Munsiffs in the Madras Area and the Courts of Munsiffs in the other
Areas, as Munsiffs’ Courts;
(7) conferment of unli mited pecuniary jurisdiction on the Court of a Civil
Judge in respect of all original suits and proceedings of a civil nature;
(8) provision for conferment of jurisdiction on the Munsiff’s Court in
respect of all suits and proceedings of a civil nature of which the amount or
value of the subject matter does not exceed five thousand rupees and on
the recommendation of the High Court, the jurisdiction of any Munsiff’s
Court may be extended by the State Government to all original suits and
proceedings of a civ il nature, the value of the subject matter of which does
not exceed ten thousand rupees;
(9) provision for appeals from decrees and orders passed by a Munsiff to
the District Court; and transfer by the District Judge to the Court of the Civil
Judge within his jurisdiction of appeals the value of the subject matter of
which does not exceed five thousand rupees;
(10) provision empowering the High Court to invest any Judge of a Court
of Small Causes with powers to hear appeals from such decrees and orders
of Munsiffs’ Courts as may be referred by the District Judges;
(11) provision empowering the High Court to invest the Court of a Civil
Judge and the Court of a Munsiff with small cause powers, not exceeding
two thousand rupees in the case of a Court of a Civil Judge and not
exceeding five hundred rupees in the case of a Court of a Civil Judge and
not exceeding five hundred rupees in the case of a Court of a Munsiff.
(Obtained from Notification No. 2487-LA, dated 04.05.1962)
II
Amending Act 42 of 1976. — The Karna taka Small Cause Court Act,
1964 provides for establishment of Courts of Small Causes. All suits of Civil
4
nature of which the value does not exceed five hundred rupees in
cognisable by the Court of Small Causes. However the State Government
may, by notification, direct that suits of which the value does not exceed Rs.
2000 shall be cognisable by the Court of Small Causes. It is now proposed
to enhance the limit of Rs. 2000 to Rs. 3000 in Causes. The advantage is
that the pressure on the Munsiffs’ Court will be reduced. Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated
13th May 1976 as No. 2471 at page. 3.)
III
Amending Act 13 of 1980. —City Civil Courts are functioning in the
Metropolitan Cities of Bombay, Madras, Calcutta, Hyderabad and
Ahmedabad. The High Court is of the opinion that a City Civil Court on the
pattern of the City Civil Courts functioning in the other cities above- named
may be constituted for the City of Bangalore also. When such a City Civil
Court is const ituted, the Sessions Judge will deal exclusively with criminal
work and the supervision of the work of the Magistrates’ Courts. As there
will be an appeal only to the High Court against the decision of the City Civil
Court, this would not only minimise the delay in disposal of cases but also
reduce the cost of litigation.
The Government have therefore, considered it necessary to constitute a
City Civil Court for the City of Bangalore. It is also proposed to abolish
vacation in civil courts. Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated
16th May 1979 as No. 478 at page. 14.)
IV
Amending Act 11 of 1981.—In view of the heavy arrears of cases in the
Subordinate Civil Courts, it was considered necessary to increase the
number of working days of all such courts. Accordingly, the vacation to all
such courts was reduced from 60 days to 30 days by amending the relevant
provisions in the Karnataka Civil Courts Act, 1964 and the Karnataka Small
Cause Courts Act, 1964. In the Ban galore City Civil Court Act, 1979, the
duration of vacation for the City Civil Court, Bangalore City was also fixed at
30 days.
There have been a spate of representations from the various Bar
Associations in the State protesting against the reduction of vacation for
these courts and they have been requesting the Government for restoration
of vacation to the Subordinate Courts to the full period of 60 days as before.
5
Further, the subordinate Courts in the neighbouring States of Tamil
Nadu, Andhra Pradesh and Kerala have vacations during summer, winter
and Dasara totalling nearly 60 days or even more.
In view of the repeated requests from the several Bar Associations in the
State for the restoration of vacation to the full period of 60 days and in view
of the recommendation made by the High Court in this behalf, it is
considered necessary that the vacation for the Civil Courts may be restored
to 60 days, instead of 30 days, as before. Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV -2A, dated 28th
March 1981 as No. 209 at page. 3.)
V
Amending Act 26 of 1985. — With a view to provide uniform provision
regarding vacations in the Karnataka Small Cause Courts Act, 1964, the
Karnataka Civil Courts Act, 1964 and the Bangalore City Civil Courts Ac t,
1979, it is considered necessary to amend the relevant sections of the said
Acts. Opportunity is also taken to make provisions for appointment of
Vacation Judges in the Karnataka Small Causes Court Act and other
consequential changes. Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated
26th July 1985, as No. 400 at page 6.)
VI
Amending Act 13 of 1989. — The pecuniary jurisdiction of the Courts of
Munsiffs, Courts of small causes and of District court was fixed long back, at
a time when the value of properties was far below their present value. In
view of the appreciable increase in the value of properties, more and more
litigants are forced to approach higher courts, instead of the lower courts as
before, for getting necessary reliefs.
Keeping in view the increase in the value of the properties, decrease in
rupee value and increase in banking and business activities, it is proposed
to increase the pecuniary jurisdiction of courts as follows:—
Munsiffs Courts —From Rs. 10,000 /- to Rs. 50,000/ - Courts of
Small Causes—From Rs. 10,000/ - to Rs. 25,000/-
District Courts, in relation to appeals —From Rs. 20,000/ - to Rs.
1,00,000/-
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated
30th May 1988 as No. 351 at page. 4.)
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VII
Amending Act 26 of 2007.— The pecuniary jurisdiction of the Courts
of Civil Judge (Junior Division), Civil Judge (Senior Division), Small Causes
Courts and District Courts and of High Court was fixed long back, at a time
when the value of the properties was far below their present value. In view
of the appreciable increase in the value of properties, litigants are forced to
approach higher courts, instead of lower courts as before, for getting
necessary reliefs.
Keeping in view the increase in the value of properties in rupee value
and increase in banking and business activities, it is proposed to increase
the pecuniary jurisdiction of courts.
Hence the Bill.
(L.A.Bill No. 34 of 2007]
[Entry 65 of List II of the Seventh Schedule to the Constitution of India].
VIII
Amending Act 30 of 2015. - It is considered necessary to amend the
Karnataka Small Cause Courts Act, 1964 (Karnataka Act 11 of 1964) and
consequentially the Karnataka Civil Court Act, 1964 (Karnataka Act 21 of
1964) t o provide for enhancement of pecuniary jurisdiction of the small
causes courts in the State.
Hence the Bill.
[L.A. Bill No. 25 of 2015, File No. Samvyashae 33 Shasana 2014]
[entry 65 of List II of the Seventh Schedule to the Constitution of India.]
*****
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1[KARNATAKA ACT]1 No. 11 OF 1964
(First published in the 1[Karnataka Gazette]1 on the Nineteenth day of
March, 1964.)
THE 1[KARNATAKA]1 SMALL CAUSE COURTS ACT, 1964
(Received the assent of the President on the Fourth day of March, 1964.)
(As Amended by Karnataka Acts 42 of 1976, 13 of 1980, 11 of 1981, 26 of
1985, 13 of 1989, 26 of 2007 and 30 of 2015)
An Act to provide for a uniform law relating to Courts of Small Causes in
the 1[State of Karnataka]1.
WHEREAS it is expedient to provide for a uniform law relating to Courts of
Small Causes in the 1[State of Karnataka]1;
BE it enacted by the 1[Karnataka]1 State Legislature in the Fourteenth
Year of the Republic of India as follows:—
1. Adopted by the Karnataka adoptation of Laws order 1973 w.e.f. 1.11.1973.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. —(1) This Act may be called
the 1[Karnataka]1 Small Cause Courts Act, 1964.
1. Adopted by the Karnataka adoptation of Laws order 1973 w.e.f. 1.11.1973.
(2) It extends to the whole of the 1[State of Karnataka]1.
1. Adopted by the Karnataka adoptation of Laws order 1973 w.e.f. 1.11.1973.
(3) It shall come into force on such 1[date]1 as the State Government
may, by notification, appoint.
1. Act came into force w.e.f. 1.7.1964 by Notification No. HD 63 CAD 64 dated 24.6.1964.
2. Definitions.— In this Act, unless the context otherwise requires—
1[(a) “City of Bangalore” shall have the meaning assigned to it in the
Bangalore City Civil Court Act, 1979;]1
1. Inserted by Act 13 of 1980 w.e.f. 17.11.1980
1[(aa)]1 “Code” means the Code of Civil Procedure, 1908, (Central Act 5 of
1908);
1. Relettered by Act 13 of 1980 w.e.f. 17.11.1980.
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(b) “Court of Small Causes” means a Court of Small Causes constituted
or deemed to have been constituted under this Act and includes any person
exercising jurisdiction under this Act in any such Court;
(c) “High Court” means the High Court of the 1[State of Karnataka]1;
1. Adopted by the Karnataka adoptation of Laws order 1973 w.e.f. 1.11.1973.
(d) “Judge” means a Judge of the Court of Small Causes 1[and in the
City of Bangalore the Chief Judge of the Court of Small Causes]1;
1. Inserted by Act 13 of 1980 w.e.f. 17.11.1980.
(e) “judicial service” shall have the same meaning as in clause ( b) of
Article 236 of the Constitution of India;
(f) “notification” means a notification published in the official Gazette.
CHAPTER II
CONSTITUTION OF COURTS OF SMALL CAUSES
3. Establishment of Courts of Small Causes. —The State Government
may, in consultation with the High Court, es tablish by notification a Court of
Small Causes at any place and define the local limits of its jurisdiction.
4. Judge.— When a Court of Small Causes has been established under
section 3, the High Court shall by notification appoint a Civil Judge as a
Judge of the Court:
1[Provided that, in the City of Bangalore, the High Court may appoint a
District Judge who shall be called the Chief Judge of the Court of Small
Causes.]2
1. Inserted by Act 13 of 1980 w.e.f. 17.11.1980.
5. Additional Judges.—(1) The High C ourt may, by notification, appoint
one or more Civil Judges as additional Judges of a Court of Small Causes.
(2) The Additional Judge, so appointed, shall discharge such of the
functions of the Judge as the Judge may, subject to the general or special
orders of the High Court, assign to him and in the discharge of those
functions he shall exercise the same powers as the Judge.
(3) When the Judge is absent, the Additional Judge or if there are two or
more Additional Judges, the Senior Additional Judge may di scharge all or
any of the functions of the Judge.
6. Registrar. —(1) The High Court may appoint to a Court of Small
Causes an officer to be called the Registrar of the Court.
9
(2) Where a Registrar is appointed, he shall be the chief ministerial officer
of the Court.
(3) The High Court may, by notification, confer upon a Registrar, if he is a
person in the judicial service of the State, the jurisdiction of a Judge for the
trial of suits of which the value does not exceed fifty rupees.
(4) The Registrar shall try such suits cognizable by him as the Judge
may, by general or special order, direct.
7. 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 law 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 law 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
8. Cognizance of suits by Courts of Small Causes. —(1) A Court of
Small Causes shall not take cognizance of the suits specified in the
Schedule as suits excepted from the cognizance of a Court of Small
Causes.
1[(2) Subject to the exception specified in the schedule and to the
provisions of any law for the time being in force, all suits of civil nature of
which the value does not exceed 2[“two lakh rupees”]2 in Bangalore City,
2[“one lakh rupees”]2 in other places, shall be c ognizable by a court of small
causes.]1
1. Substituted by Act 26 of 2007 w.e.f. 28.8.2007.
2. Substituted by act 30 of 2015 .w.e.f. 04.08.2015.
9. Exclusive jurisdiction of Courts of Small Causes. —Save as
expressly provided by this Act or by any other law 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.
10
CHAPTER IV
PRACTICE AND PROCEDURE
10. Application of the Code.—(1) The procedure prescribed in the Code
shall, save in so far as is otherwise provided by the Code or by this Act, be
the procedure followed in the Court of Small Causes in all suits cognizable
by it, and in all proceedings arising out of such suits:
Provided that an applicant,—
(a) for an order to set aside a decree passed ex parte on grounds other
than that summons in the suit was not duly served, or
(b) for a review of judgment on grounds other than a mistake or error
apparent on the face of the record,
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 such security for the performance of the decree or com pliance 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 the manner provided by
section 145 of the Code.
11. Trial of suits by Registrar. —(1) Suits cognizable by the Registrar
under sub-sections (3) and (4) of section 6 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.
12. Adm ission, return and rejection of plaints by Registrar. —(1)
When the Judge 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
11
unless the applicant satisfies him that there was sufficient cause for not
making the application at that sitting.
13. Passing of decrees by Registrar on admission. — (1) If, before the
date appointed for the hearing o f the suit the defendant or his agent duly
authorised 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 als o 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 rehear
the suit, on the same conditions, on the same grounds, and in the same
manner as if the decree had been passed by himself.
14. Execution of decrees by Registrar.— (1) If the Judge is absent, and
an Additional Judge has not been appoint ed 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 the decrees or orders
made by an Additional Judge, from the Additional Judge, make any orders
in respect of applications for the execution of decrees or orders made by the
Court of which he is the 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
execution of which the Registrar has made the 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, on his own motion, or
on application made by the party 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 Limitation Act, 1963
(Central Act 36 of 1963), as though the application of the party were an
application for review of judgment.
15. Adjournment of cases by chief ministerial officer.— When the
Judge 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 Cour t
possesses of adjourning the hearing of any suit or other proceeding, and fix
a day for further hearing thereof.
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16. Return of plaint in suits involving question of title. — (1)
Notwithstanding anything in the foregoing provisions 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 the plaint under sub -section (1), it shall comply
with the provisions of sub- rule (2) of rule 10 of Order VII of the Code, and
make such order with respect to costs as it deems just and the Court shall,
for the purposes of the Limitation Act, 1963, 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.
1[17. Appeals from certain orders of Court of Small Causes. —An
appeal shall lie from every order under section 35A and section 95 of the
Code as specified in and to the extent provided by section 104 of the
Code,—
(a) to the High Court where the order is of the Court of Small Causes in
the City of Bangalore;
(b) to the District Court in other cases;]1
1. Substituted by Act 13 of 1980 w.e.f. 17.11.1980.
18. 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 orders with respect thereto, as it thinks fit.
19. Finality of decrees or 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.
CHAPTER V
SUPPLEMENTARY PROVISIONS
20. 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 or the High Court, for records, returns and statements in such form
and manner as the authority making the requisition directs.
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(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 ten thousand rupees in that portion of the 1[State of
Karnataka]1 in which the Court of Small Causes is established.
1. Adopted by the Karnataka adoptation of Laws order 1973 w.e.f. 1.11.1973.
1[(3) Notwithstanding anything contained in sub- sections (1) and (2) the
Court of Small Causes in the City of Bangalore shall be subordinate to and
subject to the administrative control and superintendence of the High
Court.]1
1. Inserted by Act 13 of 1980 w.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 be closed on such days as may be notified by the
State Government as public holidays, for the whole State or for any area in
the State.
1. Subsection 1 to 6 substituted by Act 26 of 1985 w.e.f. 29.4.1985.
(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
vacations together shall not exceed 1[sixty days]1 and the High Court shall
fix the period of each vacation.
1. Substituted by Act 11 of 1981 w.e.f. 4.4.1981
(3) Notwithstanding anything contained in this Act,—
(a) the High Court may, 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 or Judges for the duration of the adjournment of
such Court of Small Causes during any vacation, or part thereof;
(b) Where there is only one Judge in any Court of Small Causes, the
High Court may, designate by notification such Judge or appoint any Civil
Judge in the district as the Vacation Judge for the duration of the
adjournment of such Court of Small Causes during any vacation or part
thereof. The High Court may regulate by special or general order work to be
discharged by the Vacation Judge, or Judges, Court of Small Causes.
(4) (a) The local limits of the jurisdiction of the Vacation Judge, Court of
Small Causes shall be the same as those of the Court of Small Causes
concerned.
(b) The jurisdiction of the Vacation Judge, Court of Small Causes shall
extend to all suits or proceedings cognizable by the Court of Small Causes
concerned.
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(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 concerned may be held. The Senior Vacation Judge or the Vacation
Judge as the case may be, shall have such administrative control over the
staff of the Court of the Small 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 of Small Causes concerned shall during the period it is adjourned for
any vacation, be deemed to be closed for the purposes of section 4 of the
Limitation Act, 1963 (Central Act 36 of 1963).]1
22. Seal.— The Court of Small Causes shall use a seal which shall bear
thereon the 1[Karnataka]1 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:
1. Adopted by the Karnataka adoptation of Laws order 1973 w.e.f. 1.11.1973.
Provided that the seal in use by a Court of Small Causes immediately
prior to the com mencement of this Act may continue to be used until an
order is made by the State Government under this section.
23. Abolition of Courts of Small Causes. — The State Government
may, in consultation with the High Court, abolish by notification a Court of
Small Causes.
24. Saving of power to appoint Judge of Court of Small Causes to
other office. —(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.
25. 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,
(d) appeal from certain orders of those Courts and revisi on of cases
decided by them, and
15
(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.
26. Application of Act and Code to Courts 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 juris diction, 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, be deemed to be different Courts.
27. Modification of Code as so applied. —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.
28. 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 ca se, 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.
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29. Repeal and savings. — On and from the date this Act comes into
force,—
(a) the Mysore Small Cause Courts Act, 1911 (Mysore Act 8 of 1911), as
in force in the Mysore Area,
(b) the Hyderabad Small Causes Courts Act, 1330 -F (Hyderabad Act 6
of 1330-Fasli), as in force in the 1[Gulbarga Area]1,
1. Adopted by the Karnataka adoptation of Laws order 1973 w.e.f. 1.11.1973.
(c) the Provincial Small Cause Courts Act, 1887 (Central Act 9 of 1887),
as in force in the 1[Belgaum Area]1, the 1[Mangalore and Kollegal
Area]1 and the Coorg District, of the 1[State of Karnataka]1,
1. Adopted by the Karnataka adoptation of Laws order 1973 w.e.f. 1.11.1973.
-shall stand repealed:
Provided that such repeal shall not affect the previous operation of the
Acts so repealed and anything done or any action taken (including the limits
defined, the courts established or constituted, appointments, rules or orders
made, functions assigned, powers granted, seals or forms prescribed,
jurisdiction defined or vested, notifications or notices issued and
proceedings instituted) by or under the pr ovisions thereof, shall, in so far as
it is not inconsistent with the provisions of this Act, be deemed to have been
done or taken under the corresponding provisions of this Act, and shall
continue in force unless and until superseded by anything done or any
action taken under this Act.
SCHEDULE
SUITS EXCEPTED FROM THE COGNIZANCE OF COURT OF SMALL CAUSES
(See section 8).
(1) A suit concerning any act done or purporting to be done by or by
order of the Central Government or the State Government;
(2) a suit c oncerning an act purporting to be done by any person in
pursuance of the judgment 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 o f 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 or for the recovery of
an interest in such property but not including a suit for ejectment where,—
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(a) the property has been let under a lease or permitted to be
occupied, by a written instrument or orally, and
(b) the Court of Small Causes would be competent to take cognizance
of a suit for the rent of the property, and
(c) the only substantial issue arising for the decision is as to whether
the lease has been determined by efflux of the time limited thereby
or has been determined by a notice in accordance with the law for
the time being in force in respect of such lease, or the permission to
occupy has been withdrawn;
(5) a suit for the partition of immovable properly;
(6) 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;
(8) a suit concerning the liability of land to be assessed to land revenue;
(9) a suit to restrain waste;
(10) a suit for the determination or enforcement of any other right to or
interest in immovable property;
(11) a suit for the possession of a hereditary office or of an interest in
such office including a suit to establish an exclusive periodically recurring
right to discharge the functions of an office;
(12) a suit to enforce payment of the allowance or fees respectively
called “malikana” and “huq” or of cesses or other dues when the cesses or
dues are payable to a person by reason of his interest in immovabl e
property or in a hereditary office or in a shrine or other religious institution,
but not including a suit to enforce such payment when the right is based on
a contract in writing;
(13) a suit to recover from a person to whom compensation has been
paid under the Land Acquisition Act, 1894 (Central Act 1 of 1894), the whole
or any part of the compensation;
(14) a suit for the specific performance or recission of a contract;
(15) a suit for the rectification or cancellation of an instrument;
(16) a suit to obtain an injunction;
(17) a suit 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
18
trust, and a suit by a co -trustee to enforce against the estate of a deceased
trustee a claim for contribution;
(18) a suit for a declaratory decree not being a suit instituted under rule
63 or rule 103 of Order XXI of the Code;
(19) a suit instituted under rule 63 or rule 103 of Order XXI of the Code;
(20) a suit to set aside an attachment of any property by a Court or a
revenue authority, or a sale, mortgage, lease or other transfer of such
property by a Court or a revenue authority or by a guardian;
(21) a suit for property which the plaintiff has conveyed while insane;
(22) a suit to alter or set aside a decision, decree or order of a Court or of
a person acting in a judicial capacity;
(23) a suit to contest an award;
(24) a suit under section 360 or section 361 of the Indian Succession Act,
1925, (Central Act 39 of 1925), to compel a refund by a person to whom an
executor or administrator has paid a legacy or distributed assets;
(25) 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;
(26) a suit,—
(a) for a dissolution of partnership or for the winding up of a business
of a partnership after its dissolution;
(b) for an account of partnership transaction, or
(c) for a balance of partnership account unless the balance has been
struck by the parties or other agents;
(27) a suit for an account of property and for its due administration under
decree;
(28) 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 but not including a suit for mesne profits;
(29) a suit for a general average loss or for salvage;
(30) a suit for compensation in respect of collision between ships:
(31) a suit on a policy of insurance or for the recovery of any premium
paid under any such policy;
(32) a suit for compensation,—
19
(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;
(h) for inducing a person to break a contract made with plaintiff;
(i) for obstruction of an easement or diversion of a water-course;
(j) for an act, which is or , save for the provisions of Chapter IV of the
Indian Penal Code, would be an offence punishable under Chapter
XVII of the said Code;
(k) 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;
(l) for improper arrest under Order XXXVIII of the First Schedule to the
Code or in respect of the issue of an injunction wrongfully obtained
under order XXXIX of the First Schedule to the Code; or
(m) for injury to the person in any case not specified in the foregoing
sub-clauses of this clause;
(33) a suit by a Mohammedan for exigible (mujjal) or deferred (muwajjal)
dower;
(34) a suit for restitution of conjugal rights, for the cu stody of a minor or
for divorce;
(35) a suit relating to maintenance, but not one based on a contract in
writing;
(36) 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 a manager of a
joint property or a member of an undivided family in respect of the payment
made by him on account of the property or family;
(37) a suit by one of several joint mortgagors of immovable property or
contribution in respect of money paid by him for the redemption of the
mortgaged property;
20
(38) a suit against 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;
(39) a suit to recover property obtained by an act which is or, save for the
provisions of Chapter IV of the Indian Penal Code, would be an offence
punishable under Chapter XVII of the said Code; and
(40) a suit the cognizance whereof by a Court of Small Causes is barred
by any law for the time being in force.
* * * *
NOTIFICATIONS
I
Bangalore, dated the 24th June, 1964 [No. HD 63 CAD 64]
S.O. 903. — In exercise of the powers conferred by sub- section (3) of
Section 1 of the Mysore Small Cause Courts Act, 1964 (Mysore Act No. 11
of 1964), the Government of Mysore hereby appoints the First day of July
1964 as the date on which the said Act shall come into force.
By Order and in the name of theGovernor of Mysore,
(N.D.N
AYAK)
Under Secretary.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 29-
6-1964 as No. 175 at page. 9.)
II
Bangalore, dated 10th November 1980 [No. LAW 247 LCE 80]
In exercise of the powers conferred by sub-section (2) of Section 1 of the
Bangalore City Civil Court Act, 1979 (Karnataka Act 13 of 1980), the
Government of Karnataka hereby appoints the seventeenth day of
November, 1980 for the purpose of the said sub-section.
By Order and in the name of the Governor of Karnataka,
(B. N
AGESHA RAO)
Deputy Secretary to Government,
Department of Law & Parliamentary Affairs.
(Administration)
21
KARNATAKA ACT NO. 30 OF 2015
(First Published in the Karnataka Gazette Extra-ordinary on the fourth
day of August, 2015)
THE KARNATAKA SMALL CAUSE COURTS AND CERTAIN OTHER
LAW (AMENDMENT)
ACT, 2015
(Received the assent of the Governor on the first day of August, 2015)
An Act further to amend the Karnataka Small Cause Courts Act,
1964 and the Karnataka Civil Courts Act, 1964.
Whereas it is expedient further to amend the Karnataka Small Cause
Courts Act, 1964 (Karnataka Act 11 of 1964) and the Karnataka Civil Courts
Act, 1964 (Karnataka Act 21 of 1964) for the purposes hereinafter
appearing;
Be it enacted by the Karnataka State Legislature in the sixty-sixth
year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the
Karnataka Small Cause Courts and certain other law (Amendment) Act,
2015.
(2) It shall come into force at once.
Section 8 (2) is incorporated in the Principal Act.
4. Pending cases not to be affected. - Notwithstanding anything
contained in this Act, all suits, appeals or revision and other proceedings
connected therewith pending before Small Cause Courts and Civil Courts,
on the date of commencement of the Karnataka Small Cause Courts and
Certain Other Law (Amendment) Act, 2015 shall be continued and disposed
of by the said courts in which they are pending as if the amendment made
under this Act has not been made".
By Order and in the name of the Governor of Karnataka,
S.B. GUNJIGAVI
Secretary to Government
Department of Parliamentary Affairs
* * * *