LexThe Telangana Small Causes Courts Act, 1330 Fasli.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA SMALL CAUSES COURTS ACT, 1330 F.
(ACT NO. VI OF 1330 F.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I.
PRELIMINARY
1. Title, commencement and extent.
2. Savings.
3. Definition of Court of Small Causes.
CHAPTER II
ESTABLISHMENT AND COMPOSITION OF
COURT OF SMALL CAUSES.
4. Establishment and Composition of Court of Small
Causes.
5. Powers of Judge and Additional Judge.
CHAPTER III
SUITS COGNIZABLE BY COURT OF SMALL
CAUSES
6. Suits cognizable by Court of Small Causes.
7. Return of plaint in suits involving questions of title.
8. Suits cognizable by Court of Small Causes shall not
be tried by other Courts.
CHAPTER IV
PROCEDURE.
9. Provisions of Code of Civil Procedure apply.
10. Powers of chief ministerial officer.
11. Appeal from certain orders.
2 [Act No. VI of 1330 F.]
12. Revisional powers of the High Court.
13. Finality of decrees and orders of a Court of Small
Causes.
CHAPTER V.
MISCELLANEOUS PROVISIONS.
14. Court of Small causes to be subordinate to District
Court and High Court.
15. Seal.
16. Other work also may be assigned to Judge of Court
of Small Causes.
17. Repealed.
18. Court invested with jurisdiction of Court of Small
Causes to have status of two Courts.
19. Modification of provisions of Code of Civil
Procedure so applied.
20. Proceedings in cases where Court has ceased to
have jurisdiction of Court of Small Causes.
21. Vacation.
22. Appointment of vacation Civil Judges.
Schedule.
THE TELANGANA SMALL CAUSES COURTS ACT, 1330 F.1
ACT No.VI OF 1330 F.
CHAPTER I.
PRELIMINARY
1. This Act may be called 2[the Telangana Small Causes
Courts Act, 1330 F] and shall come into force in 2[the whole
of the State of Telangana] from the date of its publication in
the Official Gazette.
2. (1) Where in pursuance of this Act a Court of Small
Causes is established, or any Court is invested with the
jurisdiction of a Small Causes Court, this Act shall not apply
to any proceedings before or after decree in the suits
previously instituted.
(2) Nothing in this Act shall apply to any special law or
to any loca I law other than the Code of Civil Procedure ,
1908.
3. In this Act, unless there is anything repugn ant in the
subject or context, “Court of Small Causes ” means a Court
established under this Act.
1. The Andhra Pradesh (Telangana Area) Small Causes Courts Act,
1330 F. in force in the combined State, as on 02.06.2014, has been
adapted to the State of Telangana, under section 101 of the Andhra
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the
Telangana Adaptation of Laws (No.2) Order, 2016, issued in
G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Savings.
Definition of Court
of Small Causes.
Title,
commencement
and extent.
Central Act 5 of 1908.
2 [Act No.VI of 1330 F.]
CHAPTER II
ESTABLISHMENT AND COMPOSITION OF COURT OF
SMALL CAUSES.
4. The Government may,-
(1) establish a Court of Small C auses at any place in
the area to which this Act extends and define the local limits
of its jurisdiction;
(2) appoint a Judge for the Court of Small Causes and
if necessary, appoint [Senior Civil Judge] or Judges;
(3) appoint the place or places at which the Court of
such Judge or *[Senior Civil Judge] or Judges shall be held:
Provided that no person shall be appointed as Judge
unless he is in the opinion of Government qualified for
appointment as a District Judge and no pe rson shall be
appointed as a *[Senior Civil Judge] unless he is in the
opinion of Government qualified either to be ap pointed as
an Additional District Judge or as a *[Senior Civil Judge];
(4) When a person is appointed as an *[Senior Civil
Judge] on the ground that in the opinion of Government, he
is qualified for appointment as a District Judge, his
pecuniary jurisdiction shall be the same as that of a Judge,
Small Causes Court, and where a person is appointed as a
*[Senior Civil Judge] on the gr ound that he is qualified for
appointment as a *[Senior Civil Judge] , his pecuniary
jurisdiction shall extend to 3[rupees four thousand] and in
either case at the time of his appointment or as soon as
possible thereafter, the extent of pecuniary jurisdiction of the
. Throughout the Act for the words “Additional Judge or Subordinate
Judge” wherever they occur the words “Senior Civil Judge ” substituted
by Act No.29 of 1997.
3. Substituted by Act No.18 of 1989.
Establishment
and Composition
of Court of Small
Causes.
[Act No.VI of 1330 F.] 3
*[Senior Civil Judge] concerned shall be notified in the
Official Gazette.
5. (1) A *[Senior Civil Judge] of a Court of Small Causes
shall discharge such functions as may be assigned to him
by the Judge of that Court and in the discharge of those
functions, shall exercise the same powers as the Judge.
(2) The Judge of a Court of Small Causes may transfer
to himself any case or proceedings pending before a
*[Senior Civil Judge].
(3) When the Judge is absent a *[Senior Civil Judge]
may exercise all the powers of the Judge.
(4) Nothing contained in this section shall be deemed
to authorise a *[Senior Civil Judge] to exercise powers in
excess of his pecuniary jurisdiction.
CHAPTER III
SUITS COGNIZABLE BY COURT OF SMALL CAUSES
6. (1) A Court of Small Causes shall take cognizance of
money-suits arising out of a contract other than a contract of
marriage where the value of the suit does not exceed one
thousand rupees.
But the Government may, at the instance of the High
Court, empower such Court to try suits the value of which is
upto 4[rupees ten thousand]:
Provided that a Court of Small Causes shall not take
cognizance of any suit in which any immovable property or
a right therein is affected by a decree.
4. Substituted by Act No.18 of 1989.
Powers of Judge
and *[Senior Civil
Judge].
Suits cognizable
by Court of Small
Causes.
4 [Act No.VI of 1330 F.]
(2) No suit against the Government shall be cognizable
by a Court of Small Causes.
7. (1) Notwithstanding anything herein contained, when
the right of 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 any other title which such Court
cannot finally determine, the Court may at any stage of the
case return the plaint to be presented for the purpose to a
Court having jurisdiction to determine the title.
(2) When a Court returns a plaint under sub-section (1),
it shall comply with the provisions of 5[sub-rule (2) of Rule 10
of Order 7 of the Code of Civil Procedure, 1908] and make
such order with respect to costs, as it thinks ju st and for the
purposes of the 6Indian Limitation Act, 1908 it shall be
deemed that the Court was not competent to entertain the
suit by reason of a defect of jurisdiction.
8. Save as expressly provided by this Act or by any other
law for the time being in force, suits cognizable by a Court
of Small Causes shall not, in places where a Court of Small
Causes has been established, be tried by any other Court.
CHAPTER IV
PROCEDURE.
9. (1) A Court of Small Causes shall, in the trial of suits
cognizable by it and in proceedings ancillary thereto, as far
as poss ible, follow the provisions of the Code of Civil
Procedure 1908, except those specified in the Schedule
annexed hereto:
5. Substituted for “sub-section (2) of section 71 of the Hyderabad Civil
Procedure Code No.III of 1323 F. ” by Andhra Pradesh Adaptation of
Laws Order, 1957.
6. Now see the Limitation Act, 1963 (Central Act 36 of 1963).
Return of plaint in
suits involving
questions of title.
Suits cognizable
by Court of Small
Causes shall not
be tried by other
Courts.
Provisions of
Code of Civil
Procedure apply.
Central Act 5 of 1908.
Central Act 5 of 1908.
Central Act 9 of 1908.
[Act No.VI of 1330 F.] 5
Provided that where a person files an application to set
aside a decree passed exparte or for a review of judgment,
he shall, along with the application, either deposit in the
Court the amoun t due under the decree or in pursuance of
the judgment or give such security to the satisfaction of the
Court for the execution of the decree or compliance with the
judgment, as the Court may direct.
(2) Where a person has become liable as surety under
sub-section (1), the security may be realised from him in
accordance with the provisions of section 145 of t he Code
of Civil Procedure, 1908.
10. When the Judge and the *[Senior Civil Judge] (if any)
of a Court of Small Causes are absent, the chief ministerial
officer of the Court may exercise all the powers of the Judge
other than the powers of passing judgments and execution
of decrees.
11. Where an order specified in clause (h) of sub -section
(1) of section 104 of t he Code of Civil Procedure , 1908 is
made by a Court of Small Causes, an appeal therefrom shall
lie to the High Court.
12. The High Court may call for and inspect any file of a
Court of Small Causes, and pass such order thereon as it
thinks fit.
13. Subject to the provisions herein contained, every
decree or order made under this Act by Court of Small
Causes shall be final.
Powers of chief
ministerial officer.
Appeal from
certain orders.
Central Act 5 of 1908.
Revisional powers
of the High Court.
Finality of decrees
and orders of a
Court of Small
Causes.
Central Act 5 of 1908.
6 [Act No.VI of 1330 F.]
CHAPTER V.
MISCELLANEOUS PROVISIONS.
14. (1) All Courts of Small Causes in the area to which this
Act extends shall be subordinate to and subject to the
general supervision of the High Court.
(2) A Court of Small Causes shall,-
(a) keep such registers, books and accounts as the
High Court may from time to time prescribe;
(b) when requisitioned by the District Court the High
Court or the Government, send files, returns and statements
as directed.
15. A Court of Small Causes shall use a seal of such form
as may be prescribed by Government.
16. (1) Nothing in this Act shall prevent the assigning of the
work of a Civil Court to a Judge or *[Senior Civil Judge] of a
Court of Small Causes or the conferring upon him the
powers of a Magistrate of any Class or his appointment to
any other public office.
(2) When a Judge or *[Senior Civil Judge] is invested
with powers under sub-section (1), the ministerial staff of the
Court shall be deemed to have been appointed to aid him in
the work.
7[17. [XXX]]
7. Repealed (section 17) by Act No.19 of 1972 (vide. section 34 (1)).
Court of Small
causes to be
subordinate to
District Court and
High Court.
Seal.
Other work also
may be assigned
to Judge of Court
of Small Causes.
[Act No.VI of 1330 F.] 7
18. Where a Court is invested with the jurisdiction of a
Court of Small Causes, such Court shall, fo r the purposes of
this Act and the Code of Civil Procedure, 1908 , be deemed
to be a Court of Small Causes with respect to the exercise of
that jurisdiction and wit h respect to the suits which are not
cognizable by a Court of Small Causes, a different Court.
19. Notwithstanding anything contained in sections 17 and
18,-
(a) when in any Court invested with the jurisdiction of a
Court of Small Causes in exercise of that jurisdiction sends
a decree for execution to itself as a Court which does not
exercise the jurisdiction of a Court of Small Causes, or
(b) when a Court in suits which are not cognizable by a
Court of Small Causes sends a decree for execution to itself
as a Court exercising the jurisdiction of a Court of Small
Causes,
the documents, specified in rule 6 of Order 21 of the
Code of Civil Procedure, 1908 shall not be required to be
sent with the decree unless the Court, by order in writing,
requires them to be sent.
20. Where a Court of Small Causes or a Court invested
with the jurisdiction of a Court of Small Causes, has for any
cause, ceased to have that jurisdiction, any proceeding in
relation to the case instituted whether before or after decree,
in the Court which would have jurisdiction in respect of that
case, if that case had been institut ed on the date of
institution of the proceedings:
Provided that such Court shall try the case in the same
manner as the case instituted in that Court.
Court invested
with jurisdiction of
Court of Small
Causes to have
status of two
Courts.
Central Act 5 of 1908.
Modification of
provisions of
Code of Civil
Procedure so
applied.
Proceedings in
cases where
Court has ceased
to have
jurisdiction of
Court of Small
Causes.
Central Act 5 of 1908.
8 [Act No.VI of 1330 F.]
8[21. The High Court may by notific ation permit a Court of
Small Causes to adjourn from time to time for such period
not exceeding in aggregate two months in each year.
22. (1) Notwithstanding anything contained in this Act or in
the Code of Civil Procedure , 1908, the High Court may for
the duration of the adjournment of any Court of Small
Causes in summer vacation, appoint for such Court of Small
Causes a Vacation Civil Judge not below the rank of a Chief
Judge or Additional Chief Judge.
(2) (a) The local limits of the jurisdiction of the Vacation
Civil Judge shall be the same as that of Chief Judge of the
Small Causes Court;
(b) the jurisdiction of the vacation Civil Jud ge shall
extend to all suits, appeals and other proceedings pending
in, or cognizab le by, any small Causes Courts (whether a
Court of Chief Judge, a Court of Additional Judge (Senior
Civil Judge) or Rent Controller (Junior Civil Judge) in the
unit of Court of Small Causes when such Court are
adjourned for summer Vacation.
(3) The place at which the Court of the Vacation Civil
Judge shall be held, shall the same as the place at which
the Court of Chief Judge, Small Causes Court concerned
may be held. The Vacation Civil Judge shall have such
administrative control over the staff of the Co urts in the Unit
of Small Causes Courts as the High Court may, by general
or special order determine.
(4) Notwithstanding the appointment of the Vacation
Civil Judge, every Court in the Unit of Small Causes Courts
shall during the period it is adjourned for summer vacation,
8. Sections 21 and 22 added with marginal headings by Act No.15 of
2005.
Vacation.
Appointment of
vacation Civil
Judges.
Central Act V of 1908.
[Act No.VI of 1330 F.] 9
be deemed to be closed for the purposes of section 4 of the
Limitation Act, 1963.
(5) On the reopening of the Court of Chief Judge,
Additional Judge (Senior Civil Judge) or the Rent Controller
(Junior Civil Judge) after the Summer Va cation, all suits,
appeals and other proceedings pending in the Court of the
Vacation, Civil Judge which, but for this section would have
been instituted or pending in such Court of Chief Judge,
Court of Additional Judge (Senior Civil Judge) or Rent
Controller (Junior Civil Judge) as the case may be, shall
stand transferred to the Court concerned and any
judgement, decree, order or proceeding, passed by the
vacation judge shall, after such transfer, be deemed to be a
judgement, decree, order or proceeding p assed by the
court concerned.
(6) Notwithstanding the provisions of sub -section (5),
any appeal from the judgement, decree or order of the
Court of Vacation Judge, shall, when such appeal is allowed
by law, lie to the High Court.]
10 [Act No.VI of 1330 F.]
SCHEDULE.
The provisions of the Code of Civil Procedure, 1908, as
specified below shall not apply to Courts of Small Causes
and to the Courts invested with the jurisdiction of a Court of
Small Causes.
1. Provisions relating to the suits which are not
cognizable by Court of Small Causes.
2. Provisions relating to the execution of decrees in
respect of immovable property or provisions relating to
execution of a decree in respect of the right of a partner in a
partnership property.
3. Provisions relating to framing of issues.
9[4. Section 9, Rule 1 of Order 2, Rule 2 of Order 10,
Rules 1 and 10 of Order 39 and section 92.
5. Orde r 15 except that portion of rule 4 of the said
Order which relates to the pronouncement of judgement at
once.
6. Rule 5 and Rules 10 to 18 of Order 18.
10[7. [XXX]]
8. Sections 96, 97, 99, 100, 105, 106 and sub -section
(2) of section 107 and Orders 41, 42, 43 and 44.
9. Rules 2, 3 and 5 to 7 of Order 47.]
9. Substituted for clauses (4), (5), (6), (8) and (9) by the Andhra Pradesh
Adaptation of Laws Order, 1957.
10. Omitted by Act No.XXV of 1956.
Central Act 5 of 1908.
[Act No.VI of 1330 F.] 11
NOTE:- Section 6 of 11The Hyderabad Small Causes Court
(Amendment) Act No. XXX of 1951 is as follows:-
Notwithstanding anything contained in this Act all suits
and proceedings of a Small Causes Court nature pending in
any competent Court immediately before the
commencement of this Act may be continued and disposed
of as if this Act has not been passed.
* * *
11. Published in Gazette Extraordinary No.46 dated 22nd October, 1951.