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of

No. 176.

DECREE ON APPEAL.
Section 579 of the Code of Civil Procedure.
IN THE COURT OF
Appellant v.

, Respondent. Appeal from the

of the Court of

dated the
18
Memorandum of Appeal.

Plaintiff.

, Defendant. Plaintiff (or defendant] above-named appeals to the

Court at against the decree of

in the abore snit, dated the day of

18 for the following reasons, namely;

[here state the reasons). This appeal coming on for hearing on the

day of

before , in the presence of

for the Appellant, and of

for the Respondent, it is ordered[here state the relief granted]. The costs of this appeal, amounting to

are to be paid by

The costs of the original suit are to be paid by Given under my hand, this

day of

18

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L. S.

Judge.

No. 177.
REGISTER OF APPEALS FROM APPELLALE DECREES.

Section 587 of the Code of Civil Procedure.

HIGH COURT AT
REGISTER OF APPEALS FROM APPELLATE DECREES.

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No. 178.

NOTICE TO SHOW CAUSE WHY A REVIEW SHOULD NOT BE GRANTED.

Section 626 of the Code of Civil Procedure.

AT

IN THE COURT OF
, Plaintif, v.

Defendant.
To
Take notice that

has applied to this Court for a review of its judgment passed on the

18

in the above case. The

18

is fixed for you to show cause why the Court should not grant a review of its judgment in this case.

Given under my hand and the seal of the Court, this day of 18

day of

day of

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TO THE REGISTRAR OF THE COURT. Take notice that I, A. B. (or C. D.), have hitherto employed as my pleader G. H. of

in the above-mentioned cause, but that I have ceased to employ him, and that my present pleader is J. K. of

A. B. Cor C. D.).

No. 180.

MEMORANDUM TO BE PLACED AT FOOT OP EVERY SUMMONS, NOTICE, DECREE OR

ORDER OF COURT, OR ANY OTHER PROCESS OF THE COURT. Hours of attendance at the office of the Registrar [place of office] from ten till four except on [here insert the day on which the office will be closed], when the office will be closed at one.

Sa 7/88

Act No. XV. of 1882.

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 17TH MARCH

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Sections.

17. Local limits of jurisdiction of Court. 18. Suits in which Court has jurisdiction. 19. Suits in which Court has no jurisdic

tion. 20. Court may by consent try suits

beyond pecuniary limits of jurisdic

tion. 21. Suits by and against officers of Court. 22. Costs when plaintiff sues in High

Court in other cases cognizable by
Small Cause Court.

CHAPTER II.

CHAPTER V.

PROCEDURE IN SUITS.

CONSTITUTION AND OFFICERS OF THE COURT.

5. Courts of Small Causes established. 6. Court to be deemed under superin.

tendence, &c., of High Court. 7. Appointment, suspension and re

moval of Judges. 8. Rank and precedence of Judges. 9. Power to make rules. 10. Chief Judge to distribute business of

Court. 11. Procedure in case of difference of

opinion. 12. Seal to be used. 13. Appointment of Registrar and minis.

terial officers.

Powers and duties of such officers. 14. Registrar may be invested with

powers of a Judge in suits not or

ceeding twenty rupees. 16. Jadge or other officer not to practice

or trade.

23. Portions of Civil Procedure Code es.

tending to Court. 24. No written statement except in cases

of set-off. 25. Return of documents admitted in

evidence. 26. Compensation payable by plaintiff to

defendant in certain cases. 27. Decree-holder to accompany officer

executing war ant. 28. Things attached to immoveable pro

perty and removeable by tenant to

be deemed moveable in execution. 29. Discharge of judgment-debtor on

sufficient security. 30. Court may in certain cakes suspend

oxecution of decreo. 31. Execution of decree of Small Cause

Court by other Courts.

Procedure when decree transferred. 32. Minors may sue in certain cases as if

CHAPTER IL.

LAW ADMINISTERED BY THE COURT. 16. Questions arising in suits, &c., under

Act to be decided according to law administered by High Court.

of full age.

Sections.

51. Appointment of hailiffs and appraig

ers.

Sections.

33. Power to delegate non-judicial duties. 31. Registrar to hear and determine suits

like a Judge.

Proviso, 35. Registrar may execute all decrees

with the same powers as a Judge. 36. Decrees and orders of Registrar to be

subject to new trial as if made by a Judge.

CHAPTER VI. New TRIALS AND RE-HEARING. 37. Judgments and orders of Court final.

Power to order now trial in Small

Cause Court. 38. Application for re-hearing in High

Court. 39. Procedure at re-bearing. 40. Execution of decree of High Court.

52. Security to be given by appointees. 53. Application for distress-warrant. 54. Issue of distress-warrant. 55. Time for distress. 56. What places bailiff may force open. 57. Property which may be seized. 58. Impounding distress. 59. Inventory.

Notice of intended appraigement and

sale. Copies of inventory and notice to be

filed. 60. Application to discharge or guspend

warrant. 61. Claim to goods distrained made by a

stranger. 62. Power to award compensation to

debtor or claimant. 63. Power to transfer to High Court cases

involving more than Rs. 1,000. 64. Appraisement.

Notice of sale. 65. Sale.

Application of proceeds. 66. Costs of distresses. 67. Account of costs and proceeds. 68. Bar of distresses except under this

chapter. Penalty for making illegal distresses.

CHAPTER VII. RECOVERY OF POSSESSION OF IMYOVEABLE

PROPERTY. 41. Summons against person occupying

property without leave. 42. Service of summons. 43. Order for possession. 44. Such order to justify bailiff entering

on property and giving possession. Bar to proceedings against Judge or officer for issuing, &c., order or

summons.

45. Applicant if entitled to possession

not to be deemed trespasser for any

error in proceedings.

Occupant may sue for compensation. 46. Liability of applicant obtaining order

when not entitled. Application for order in such case an

act of trespass. 47. Stay of proceedings on occupant

giving security to bring suit against

applicant. 48. Proceedings to be regulated by Code

of Civil Procedure. 49. Recovery of possession no bar to suit

to try title.

CHAPTER IX. REFERENCES TO High COURT. 69. Reference when compulsory. 70. Security to be furnished on such

reference by party against whom contingent judgment given. If no such security given, party to be deemed to have submitted to judg. ment.

CHAPTER X.

FEES AND Costs. 71. Institution-fee. 72. Fees for processes. 73. Repayment of half fees on settlement

before hearing. 74. Fees and costs of poor persons. 75. Power to vary fees. 76. Expense of employing legal practitioners.

305

CHAPTER VIII.

DISTRESSES, 50. Local extent of chapter,

Saving of certain rents.

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An Act to consolidate and amend the law relating to the Courts of

Small Causes established in the Presidency-towns.
Whereas it is expedient to consolidate and amend the law relating to

the Courts of Small Causes established in the Preamble.

towns of Calcutta, Madras and Bombay; It is hereby enacted as follows:

CHAPTER I.

PRELIMINARY. 1. This Act may be called “ The Presidency Small Cause Courts Short title.

Act, 1882;" and it shall come into force on Commencement.

the first day of July, 1882. But nothing herein contained shall affect the provisions of the Army x"/913241) Act, 1881, section 151, or the rights or liabilities of any person under any sch.06. decree passed before that day.

S. 1.-See I. L. R., XIII. Calc., 37. S. 151 of the Army Act of 1881 is amended by 8. 7 of the Army Act of 1888. “The effect of the amendment will be that Small Cause Courts will be precluded from adjudicating in actions brought against persons subject to military law (other than soldiers of the regular army), unless the person proceeded against is resident within the local jurisdiction of the Court.” Govt. Resn. Mily. Dept. No. 2039 of the 6th July, 1888. The following is the section referred to, as amended by $. 7 of the Army Act of 1888 :

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