Chapter IV PRACTICE AND PROCEDURE

(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 compliance with the judgment as the Court may, on a previous application made by him in this behalf, have directed. (2) Where a person has become liable as surety under the proviso to sub-section (1), the security may be realised in the manner provided by section 145 of the Code.

(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.

(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 unless the applicant satisfies him that there was sufficient cause for not making the application at that sitting.

(1) If, before the date appointed for the hearing of 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 also 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.

(1) If the Judge is absent, and an Additional Judge has not been appointed 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.

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 Court possesses of adjourning the hearing of any suit or other proceeding, and fix a day for further hearing thereof.

(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.

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;

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.

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.