Chapter V SUPPLEMENTARY PROVISIONS

(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. (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 State of Karnataka in which the Court of Small Causes is established. (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) 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. (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 sixty days and the High Court shall fix the period of each vacation. (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. (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).

The Court of Small Causes shall use a seal which shall bear thereon the Karnataka 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: Provided that the seal in use by a Court of Small Causes immediately prior to the commencement of this Act may continue to be used until an order is made by the State Government under this section.

The State Government may, in consultation with the High Court, abolish by notification a Court of Small Causes.

(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.

(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 revision 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, 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.

A Court invested with the jurisdiction of a Court of Small Causes with respect to the exercise of that jurisdiction, 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.

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.

(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 case, 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.

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 Gulbarga Area, (c) the Provincial Small Cause Courts Act, 1887 (Central Act 9 of 1887), as in force in the Belgaum Area, the Mangalore and Kollegal Area and the Coorg District, of the State of Karnataka -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 provisions 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.