LexThe Kerala Small Cause Courts Act, 1957
Kerala · state statute
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TilE KERALA SMAll. CAUSE COURTS ACT, 1957.
(8 of 1957)
CONTENTS.
Sections.
CHAPTER I.
Preliminary.
1. Short tltle, extent and commencement.
2. Bavings.
3. Definition.
CHAPTER II.
Constituttan of Courts of Small Causes.
4. Establishment of Courts of Small Causes.
5. Judge.
6. Appointment of times of ~ittmg in certa1n cucum!:>tances
7. Additional Judges.
8. Power to require two Judge, to sit as a Bench. '
9. Deciswn in case heard by a Bench.
10. Registrar.
11. Dubes of mim!:>terial officers.
CHAPTER III.
Junsdiction of Courts of Small Causes.
12. Cognizance of 5Uits by Courts of Small Cause!:>.
13. Exclusive JUrisdiction of Courts of Small Cause5.
14.
15.
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17.
lS.
19.
20.
21.
22.
23.
CHAPTER IV.
Practtce and Procedure.
Apphcabon of the Code of ClVil Procedure.
Trial of suits by Registrar.
Adm1ssion, return and rejection of plamts by Registrar.
Passing of decrees by Regtstrar on confe!:>sion.
Execution of decrees by Registrar.
Adjournment of cases by chief mini!:>terial officer.
Return of plamts 10 sutts Involving questtons of btle.
Appeal from certain orders of Court of Small Causes.
Revtsion of decrees and orders of Courts of Small
Causes.
Fmahty of decrees and orders. . .: ·.
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'•' CHAPTER V.
Supplemental Promswns.
24. Subordmation of Courts of Small Causes.
25. VacatiOn.
26. Seal.
27. .L\bolition of Courts of Small Causes.
28. Savmg of power to appomt Judge of Courts of Small
Cause" to other office.
29. Applicaiqn of Act to Courts ~Invested with. jurisdiction
of Court of Small Causes.
30. Application of Act and Code to Court so mvested.as to
two Courts.
31. Modificati9n of Code a::. so applied.
32. Con~inuance of procee-dmgs of abohshey Courts.
33. Repeab.
Schedule.
THE. KERALA SMALL CAUSE COURTS ACT, 1957
(8 of 1957)
Enacted by the President in the Eighth Year of the
Republic of India.
An
ACT
to consolidate and amend the law relating to Courts of
- -Small Causes. -
In excercise ot the powers conferred by section 3 of the
Kerala State Legislal ure (Delegation of Powers) Ad, 1956
(75 of 1956), the President IS pleased to enact as follows.-
CHAPTER I
PRELIMINARY
-
1. Short title, extent and commencement.- (lj ThisiiAct may
be called tbe Kerala Small Cause Courts Act, 1957. -
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(2) It extends to the whole of-the State of Kerala.
{3) It sh~ll come into force on Stich date as the, Government
may, by notificatiOn in the Gazette, appo1nt. - -
2. Savings . ..:._Nothing in this Act shall be construed to affect
(i) the jurisdiction of any court constituted under the
Cochm VIllage Courts Act, 1118 (XII of 1118) or
the Madras VIllage Courts Act, 1888, (I of 1889) as
Pbblia12ed m th• Kerala Gnette htraori!IDWJ di~d 27th Marca J~H7· , _
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in force m the Malabar dtstr1ct referred to in sub
section (2) of section 5 of the States Reorganisation
Act, 1956 (37 of 1956). or the Travancore, Vtllage
Panchayat Courts Act, 1090 (l of 1090); or
(1i) any special law other than the Code of C1vll
Procedure, 1908 (5 of 1908).
3. Definttion.-In th1s Act, unless the context otherw1se
requires, "Court of Small Cau::;es'' means a Court of f_Small
Causes constituted under th1s Act, and rncludes any person exer~
cismg jurisd1ct1on under th1s Act m anv such Court.
CHAPTER II
CoNSTITuTION oF couRTS oF SMALL CAusEs
4. Establishment of Courts of Small Causes -(1) The
Government may, by notification m the Gazette, estabhsh a
Court of Small Causes at any place m the State.
(2) The local hmits of the JUriSdiCtiOn of a Court of Small
Causes shall be such as the Government may define and the
Court may be held at such place or place::. wrthm those hmtt.;, as
the Government may appoint.
3. Judge.-When a Court of Small Causes has been esta
bhshed, there shall be appointed, by notification 1n the Gazette,
a Judge of the Court :
Prov1ded that if the Government so direct, the same person
shall be the Judge of more than one such Court
6. Appotntment of ttmes of s--.tting tn certam ctrcu.mstances.
(1) A Judge who 1s the Judge of two or a10re such Courts may,
w1th the sanction of the D1str1ct Court,, fix the times at wh1ch
he will s1t in each of the Courts of whiCh he 1s Judge.
(2) Not1ce of the times shall be pubhshed m such manner
at the H1gh Court from time to t1me d1rects.
7. Addttional Judges.-(1) If the Government so d1rect,
there may be appomted, by notdicat10n m the Gazette, Addi
tional Judges oi a Court of Small Causes or of two or more such
Courts.
(2) An Add1 tlonal Jude;e shall d1scharJe such of the
functions of the Judge of the Court or Courts as the Judge may
assign to h1m, and 1n the discharge of those fuuct10ns shall
exerc1se the same powers as the Judge.
(3) The Judge may withdraw from an Addttlonal Judge
any busmess pendmg before him.
(4) When the Judge 1s absent, the semor Addttional Judge
may d1scharge all or any oi the functions of the Judge.
8. Power to requtrc two Judges to stt as a Bench.-The
Government, after consultat10n w1th the H1;:;h Court, may, by
notlficatlon 111 the Gazette, d1rect thc;t two Judges ot Courts of
Small Causes or a Judge dnd an Add1t10nal Judge of a Court of
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Small Causes shall s1t together for the tnal of such class or classes
of su1ts or apphcatwns cogmzable by a Court of Small Causes as
may be~descnbed m the nohfication.
9. Deciswn in case heard by a Bench.- (1) ;{ two Judges,
or a Judge and an Addtbonal Judge, stttmgl together under
!>ectwn 8, differ as to a question of law or usage having the
force of law, or m construmg a document, the condructwn of
which may affect the ments, they shall draw up and refer, for
the dec1s10n of the Htgh Court, a statement of the facts of the
case and of the point on whtch they dtffer m opmion, and the
provisions of sectwn 113 and Order XL VI of the First Schedule
to the Code of ClVll Procedure, 1908 (5 of 1908), shall) apply to
the reference.
(2) If they dtffer on any matter other than a matter
"pecified m sub-section (1), the optmon of the Judge who is
senior m respect of date of appomtment as Judge of a Court
of Small Causes, or, if one of them 1s an additwnal Judge, then
the opmwn of the Judge .:.1ttmg wtth htm, shall prevail.
(3) For the purposes of !>Ub~.:>ection (2), a Judge perma
nently appolnted shall be deemed to be senior to an officiatmg
Judge.
10. Regtstrar.- (1) There may be appomted to a Court of
Small Causes an officer to be called the Registrar of the Court,
(2) Where a Registrar 1s appOinted, he shall be the chtef
m1n1stenal officer of the Court.
(3) The Government may, by not1ficat1on m the Gazette,
confer upon a Registrar, wtthm the local hmtts of the JUnsdlc~
tlon of the Court, the JUnsdtctwn of a Judge of a Court of
Small Cau!>es for the tnal of SUlb of whtch the value does not
exceed twenty rupees.
, (4) The Regtstrar shall try such su1ts cogmzable by htm
as the Judge may, by general or spec1al order, d1rect.
11. Duties of mtntstenal officers.- (1) The mmistertal
officers of a Court of Small Causes shall, m addition to any
duties mentwned m this Act, or 1n any other enactment for the
time bemg m force, as duties which are or may be 1mposed on
any of them, dtscharge such duties of a mmister1al nature as
the Judge directs.
(2) The Htgh Court may make rules conststent w1th this
Act, and with any other enactment for the time bemg in force,
conferrmg and imposmg on the mtntstenal officers of a Court
of Small Causes such powers and duties as it thmk.:. fit, and
regulatmg the mode m whtch powe:rs and duties so conferred
and imposed are to be exercised and performed.
CHAPTER III
JuRISDICTioN oF CouRTS OF SMALL CAusEs
12. Cogmzance of sutts by Courts of SmaU Causes.-(1)
A Court of Small Causes shall not take co,;mzance of the SUlt.=;
specified m the Schedule as suits excepted from the cogmzance
of a Court of Small Causes.
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(2} Subject to the exceptions !>peclfied in the Schedule
and to the provisions of any enactment for the t1me being m
force, all 5Ults of a uv1l nature of wh1ch the value does not
exceed five hundred rupees shall be cogmzable by a Court of
Small Causes.
(3) SubJect as afore.,did, the Government may, by notifi
catiOn m the Gazette, direct that all suits of a civil nature of
whiCh the value doe" not exceed one thou5and rupees shall be
cogmzable by a Court of Small Cau5es mentwned in the notifi
catiOn.
13 Excluswe Jurisdiction of Courts of Small Causes.-Save
a.:; expressly provided by th1s Act or by any other enactment
for the time bemg in force, a suit cognizable by a Court of
Small Causes 5hall not be tried by any other Court havmg
JUrisdiction withm the local hmits of the jurisdictiOn of the
Court of Small Causes by wh1ch the suit 1s triable.
CHAPTER IV
PRACTICE AND PROCEDURE
14. Applteatwn of the Code of Civtl Procedure.- (I) The
procedure prescribed m the Code of Civil Procedure, 1908 (5
of 1908), shall save in so far as Is otherwi~e provided by that
Code or by th1s Act, be the procedure followed in a Court of
Small Causes m all su1ts cogmzable by 1t and in all proceeding!>
arismg out of such smts:
Provided that an apphcant for an order to .;et aside a
decree passed exparte or for a rev1ew of judgment shall, at
the time of presentmg his alJphcation, either deposit m the
Court the amount due from him under the decree or in pursuance
of the JUdgment, or give such secunty for the performance
of the decree or compliance w1th the JUdgment as the Court
may, on a previous apphcatwn made by hm: in this behalf,
have dtrected.
(2) Where a person has become hable as surety under the
proviso to sub-sectwn (1), the secunty may be reahsed in the
manner provided by aectwn 145 of the Code of CIVIl Procedure,
1908 (5 of 1908). :>
15. Trial of sutt::. by Regtstrar.-(1) Suits cogmzable by
the Registrar under section 10, sub-section!> (3) and ( 4), !>hall
be tned by h1m, and decrees passed therem shall be executed
by him, m hke manner mall respects as the .Judge m1ght try
the smts and execute Lhe decrees, respectively.
(2) The Judge may transfer to his own file, or to that of
the Additional Judge 1f an Additional Judge has been appointed,
any suit or other proceedmg pending on the file of the Re(fis
trar .
lf5 Admission, retttm and rejeehon of plaints by Regis
trar- (1) When the Judge of a Court of Small Causes IS absent,
and an Add1t10nal Judge has not been appointed or havmg been
appointed, ts also absent, the Registrar may admit a plaint, or
return or reJect a plamt for any reason for which the Judge
might return or reject 1t
(2 1 The Judge may, of hts own motlon or on the apphca tion
of a party, return to reject a plamt whrch has been admitted
by the Registrar or admtt a plamt which has been returned
or reiected by htm:
Provided that where a party applies for the return or
rejectwn or the adm1::.~ton of a plamt under this sub-sectiOn,
and his application 1s not made at the first stttmg of the Judge
after the day ou whtch the Registrar ad1mtted, or returned or
rejected, the ,t)lamt, the Judge shall dismtss the application
unless the apphcant satisfies h1m that there was sufficient cause
for not makmg the application at that sitting.
17. Passing of decrees by Regtstrar on confesswn.-41) If,
before the date appointPd for the heanng of a SUit, the defend
ant or his agent duly authorised m that behalf appears before
the Registrar and admtts the plaintiff's claim, the Registrar may,
if the Judge is absent, and an Additional Judge has not been
appomted or, having been appointed, Is also absent, pass against
the defendant, upon the adm1s~wn, a decree which shall have the
same effect as a decree passed by the Judge.
(2) Where a decree has been passed by the Regtstrar under
sub-sectwn (1), the Judge may grant an application for revtew
of JUdgment, and re-hear the suit. on the same conditwns, on
the same ground and m the same manner, as tf the decree had
been passed by himself.
18. Executton of decrees by Regtstrar.-(1) If the Judge 1s
absent, and an Additional Judge has not been appomted or,
having been appomted, is also absent, the Registrar may, sub
ject to any instructwns which he may have received from the
Judge or. with respect to decrees or orders made by an Addi
tional Judge, from the Addttional Judge, make any orders in
respect of applications for the executiOn of decrees and orders
made by the Court ot which he is Regtstrar, or sent to that
Court for execution, wh1ch the Judge might make under this
Act,
(2) The Judge, in the case of any decree or order with
respect to the execution of which the Reg1strar has made an
order under sub-section (1), or the Addttional Judge, in the case
of any such decree or order which has been made by himself
and with respect to which proceedmgs have not been taken by
the Judge under this sub-sechqn, may, of hts own motion, or
on application made by a party withm fifteen days from the
date of the order of the Regtstrar or of the execution of any
process issued in pursuance of that order, reverse or modliy
the order.
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(3) Tbe perwd of fifteen days mentioned m sub-sect10n (2)
shall be computed in accordance w1th the provisions of the
Indian Lim1tat10n Act, 1908 (9 of 1908), as though the applica·
tion of the party were an application for review of judgment.
19. Adjournment of cases by. chtef mmistertal of]icer.
When the Judge of a Court of Small Causes is absent and an
Add1honal Judge has not been appointed or, havmg been
appointed 1s also absent, the Registrar or other chief mmisterial
officer of the Court may exercise from time to hme the power
which the Court possesses of adjournmg the hearmg of any
:r suit or other proceedmg, and fix a day for the further hearing
thereof.
20. Return of plamts in sutta mvolvmg questtons of tttle.
(1) Notwithstandmg anything m the foregoing provisions of
this Act, when the rrght of a plamhff 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 proceedmgs return the plamt to be presented to a
Court havmg jurisdiction to determine the title.
(2) When a Court returns a plaint under sub-section (1),
it shall comply w1th the proviswns of Order VII, rule 10, of the
First Schedule to the Code of C1v1l Procedure, 1908 (5 of 1908),
and make such order with respect to costs as 1t deems just, and
the Court, shall, for the purposes of the Indian Limitation Act,
1908 (9 of 1908), be deemed to have been unable to entertain
the suit by reason of a cause of a nature hke to that of defect of
jurisdiction.
21. Appeal from certain orders of Court of Small Causes.
Where an order specified m clause (ff) or clause (h) of sub
section (1) of section 104 of the Code of Civil Procedure, 1908
(5 of 1908), is made by a Court of Small Causes, an appeal
therefrom shall he to the District Court on any ground on
which an appeal from such order would he under that section.
22. Reviston of decrees and orders of Courts of Small
Ca.uses.-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 accordmg to law, may c::!n for the case and
pass such order with respect thereto as it thmks fit.
; 23. Finahtu of decrees and orders.-Save as provided by
this Act, a decree or order made under the foregoing provisiOns
of this Act by a Court of Small Causes shall be final.
; CHAPTER V.
SUPPLEMENTAL PROVISIONS
24. Subordinatwn of Courts of Sma!l Causes.-(1) A Court
of Small Causes shall be subJect to the admimstrative control of
the Distnct Court and to the superintendence of the High Court,
and shall-
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(a) keep such registers, books and accounts as the High
Court from time to time prescnbes, and
(b) comply with such requisitions as may be made by
the District Court, the High Court or the Government for
records, returns and statements in such form and manner
as the authority making the requisition directs.
(2) The relatiOn of the Distnct Court to a Court of Small
Causes, with respect to adm10istratlve control, shall be the same
as that of the Distnct Court to a Munsi.ff's Court.
25. Vacatwn.-The High Court may permit a Court of Small
Causes to adjourn from time to time for penods not exceeding
m the aggregate sixty days m each year.
26 Seal.-A Court of Small Causes shall use a seal of such
form and dimensions as are prescnbed by the Government . .....
27. Abolztton of Courts of Small Causes.- The Government
may, by notificatiOn m the Gazette, abohsh a Court of Small
Causes.
28. Savmg of power to appotnt Judge of Court of Small
Causes to other office.-(1) Nothmg m this Act shall be con
strued to prevent the appomtment of a person who is a Judge
or Additional Judge of a Court of Small Causes to be also a
Judge of any other Civil Court or to be a Magistrate of any class
or to hold any other public office.
(2) When a Judge or Additional Judge 1s so appointed, the
ministenal officers of his Court shall, subJeCt to llny rules which
the Government may make m this behalf, be deemed to be minis
terial officers appomted to aid him m the discharge of the duties
of the other office.
29. Applicahon of Act to Courts mvested wtth 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 revi
sion 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
apphes tn Courts mvested by or under any enactment for the
time being in force with the Jurisdiction of a Court of Small
Causes so far as regards the exercu.e of that juru.diction by
those Courts.
(2) Nothmg m sub-5ectlon (1), with respect to Courts
mvested with the juriSdiction of a Court of Small Causes
apphes to suits mstituted or proceedmgs commenced in those
Courts before the date on which they were mvested with that
juri!.diction.
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30. Applicatwn of Act and Code to Court so mvested as to
two Courts.-A Court mvested wah the junsdictlOn of a Court
of Small Causes with respect to the exerctse of that jurisdiction,
and the same Court w1th respect to the exercise of it:, j urisdic
tion in suits of a Civil nature which are not cognizable by a
Court of Small Caus~<;. shall, for the purposes of this Act and the
Code of Ctvil Procedure, 1908 (5 of 1908), be deemed to be
dUierent Courts.
31. Modifwatwn of Code as so applted.- Notwithstanding
anything in sections 29 and 30-
(a) when in exercise of the jurisdiction of a Court of
Small Causes, a Court mvested With that jurisdic
tion sends a decree for execution to 1tself as a Court
having JUriSdiction in suits of a CIVil nature wluch
are not cogruzable by a Court of Small Causes, or
(b) when a Court, in the exercise of its jurisdiction m
suits of a civil nature wh1ch 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 Order XXI, rule 6, of the First
Schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall
not be sent with the decree unless in any case the Court, by
order in writing, requires them to be sent.
32. Conttnuance of proceedmgs of abolished Courts.- (1)
Where a Court of Small Causes, or a Court mvested with the
jurisdiction of a Court of Small Causes, has from any cause
ceased to have jurisdiction With respect to any case, any pro
ceedmg m relatwn to the case, whether before or after decree,
which, if the Court had not ceased to have junsdiction, might
have been had therein, may be had m the Court which, if the
SUit out of which the proceedmg has arisen were about to be
instituted, would have jurisdiCtion to try the suit.
(2) Nothmg in this section applies to cases for which special
proviswn is made m the Code of Civil Procedure, 1908 (5 of HW8)
as extended to Courts of Small Causes or in any other enact·
ment for the time being m force.
33. Repeals.-The Provincial Small Cause Courts Act, 1887
(9 of 1887) , as in force m the Malabar district referred to in
sub-section (2) of sectiOn 5 of the States Reorganisation Act,
1956 (37 of 1956), and sub·section (3) of section 22 of the
Kerala C1vll Courts Act, 1957 (I of 1956), are hereby repealed.
THE SCHEDULE
SUITS EXCEPTED FROK THE COGNIZANCE OF A COURT
0!' SMALL CAUSES
(See section 12)
(1) A suit concerning any act done or purporting to be
done by or by order o{ the Central Government or the Govern ..
ment;
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(2) a SUlt concerning an act purporting to be done by any
person in pursuance of a JUdgment or order of a Court or of a
judicial officer acting in the execution of his office;
(3) a suit concernmg an act or order purportmg to be done
or made by an) other officer of the Government in his official
capacity, or by A Court of Wards, or by an officer of a Court of
Wards in the execution of his office ;
(4) a suit for the possessiOn of Immovable property or for
the recovery of an interest m such property ;
(5) a suit for the partition of immovable property;
(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 1 mmovable property for the redemptiOn of
the mortgage ;
(7) a sUit to enforce a charge whether created by contract
or by statute or by decree of Court;
(8) a suit for the assessment, enhancement, abatement
or apportionment of the rent of immovable property ;
(9) a sUit for the recovery of rent, other than house-rent
unless the Judge of the Court of Small Causes has been expres
sly invested by the Government with authonty to exercise
jurisdiction with respect thereto ;
(10) a suit concerning the liability of land to be assessed
to )and revenue;
(11) a smt to restrain waste ;
(12) a suit for the determmation or enforcement of any
other rtght to or mterest in immovable property ; '
{13) a suit for the possessiOn of an hereditary office or
of an mterest m such an office, includmg a suit to establish an
exclusive or periodically recurrmg rtght to dtscharge the func
tions of an office ;
(14) a sUit to enforce payment of any allowance or fees
paid to famihes or indtviduals by the Government, or ot cesses
or other dues when the cesses or dues are payable to a person
by reason of hts interest in Immovable property or m an here
ditary office or m a shrme or other religwus mstitution;
(15) a suit to recover from a person to whom compensation
has been paid under the Land Acquisition Act for the t1me being
in force, the whole or any part of the compensation ;
(16) a sUit for the specific performance or rescissiOn of a
contract;
(17) a sUit for the rectification or cancellation of an instru
ment;
(18) a suit to obtain an mj uction ;
(J 9) a smt relatmg to a trust, including a smt to make
good out of the general estate of a deceased trustee the loss
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occasioned by a breach of trust, and a !uit by a eo·trustee to
enforce against the estate of a deceased trustee a claim for con
tribution;
(20) a sUlt for a declaratory decree ; •
(21) a sutt mshtut(>d under Order XXI, rule 63, or Order
XXI,rule 103, of the F1rst Schedule to the Code of Civll Pro
cedure, 1908 (5 of 1908);
(22J a Stilt to set aside an attachment by a Court or a
revenue authonty, or a sale, mortgage lease or other transfer
by a Court or a revenue authority or by a guardian ;
(23) a suit for property which the plaintiff ha!:> conveyed
while msane ,
(24) a stilt to alter or set aside a deciSion, decree or order
of a Court or of a person actmg m a JUdicial capacity ;
(25) a stilt to contest an award ;
(26) a Stilt upon a foreign Judgment as defined In the Code
of Civll Procedure, 1908 (5 of 1908), or upon a judgment
obtamed m India ;
(27) a stilt to compel a refund of assets Improperly distn
buted under sectiOn 73 of the Code of Civil Procedure, 1908
(5 of 1908);
(28) a stilt under sectiOn 360 or section 361 of the Indian
Succession Act, 1925 (39 of 1925), to compel a refund by a
person to whom an ex~cutor or admmistrator has paid a legacy
or distributed assets ;
(29) a Stilt 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 mtestate ;
(30) a suit-
(a) for a dissolution of partner:,hip or for the windmg
up of the busmess of a partnership after Its dissolution ;
(b) for an account of partnership transactions, or
(c) for a balance of partnership account, unless the
balance has been struck by the parties or their agents ;
(31) a suit for an account of property and for its due
admmistratiOn under decree ;
(32) any other suit for an account, mcluding a suit by a
mortgagor, after the mortgage has been satisfied, to recover
surplus collections receiVed by the mortgagee. and a ~uit for
the profits on Immovable property belonging to the plaintiff
which have been wrongfully received by the defendant;
(33) a suit for a general average loss or for salvage ;
(34) a su1t for compensation in respect of colhsion between
ships;
(35) a suit on a policy of msurance or for the recovery of
any premium paid under any such pohcy ;
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(36J a suit for compensatlOn-
(a) for lo:,s occaswned by the death of a person caused
by actionable wrong ;
(b) for wrongful arr~st, restramt or confineml!nt;
(c) for malicwus pr05ecution ;
(d) for libel ;
{e) for slander;
(f) for adultery or seductwn;
(g) for breach of contract of betrothal or promxse of
marriage;
(h) for inducing a person to break a contract made w1th
the plaintiff ;
(i) for obstructiOn of an easement or cLvers1on of a
water-course ;
(j) for an act which IS or save for the provisions of
Chapter IV of the Ind1an Penal Code (45 of 1860), would
be an offence pumshable under Chapter XVII of the said
Code;
(k) for 1llegal, rmproper or excessrve d1stre~s. attach
ment~ or search or for trespass cqmmttted m or damage
cau:,ed by the Illegal or Improper execution of any distress,
search or legal process ;
(l) for improper arrest under the Code of Civil Proce
dure 1908 (5 of 1908) or m respect of the 1ssue of an mjunc
bon wrongfully obtained under the said Code ; or
(m) for mjury to the per5on In any case not specified
in the foregomg su b-c.lauses of th1!:> clause ;
(37) a suit by a Muhammadan for exigible (mu'ajjal) or
deferred (mu'wjjal) dower ;
(38) a su•t for the restnction of ~conJugal r1ghts for the
custody of a mmor or for a divorce ;
(39) a su1t relatmg to malDttnance ;
(40) a suit for arrears of land revenue, vrllage expenses
or other sums payable to the representative of a village
community or to hrs heir or other successor m title ;
(41) a suit {or profits payable by the representative of a
village-commumty or by his heir or other successor in title
after payment of land revenue, vrllage expenses and other
IIUffiS;
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( 42) a suit for contribution by a sharer In joint property
m respect of a payment rna je by him of money due from a co
sharer, or by a manager of JOint property or a member of an
undiVIded family m respect of a payment made by him on
account of the property or family ,
(43) a suit by one of several joint mortgagor!:> of Immovable
property for contribution m respect of money paid by him for
the redemption of the mortgaged property ,
(44) a suit agamst the Government to reLover money paid
under protest In satisfactiOn of a claim made by a revenue
authonty on account of an arrear of land revenue or of a
demand recoverable as an arrear of land revenue ;
(45) a sUit to recovf.:r property obtained by an act which I.:,
or save for the provisions of Chapter IV of the Indian Penal
Code (45 of 1860), would be, an offence punishable under
Chapter XVII of the satd Code ;
( 46) a suit, the cogmzance whereof by a Court of Small
Causes is barred by any enactment for the tune bemg 1n force,