The Presidency Small Cause Courts (Bombay Amendment) Act, 1933

This Act may be called the Presidency Small Cause Courts (Bombay Amendment) Act, 1933.

In the foot-note to part E of the third schedule to the Presidency Small Cause Courts Act, 1882, for the words " four annas per day " the words " such fee not exceeding twelve annas per day as may be fixed by the Registrar of the Small Cause Court " shall be substituted.

For section 22 of the said Act, the following shall be substituted, namely:-- " 22. If in any suit instituted in the High Court or in the Bombay City Civil Court, other than a suit to which section 21 applies, the Judge who tries it is of the opinion that it ought to have been instituted in the Small Cause Court and if in such suit--

1. (a) where it is instituted in the High Court, the plaintiff does not obtain a decree, the defendant shall be entitled to his costs as between attorney and client ; or
2. (b) where it is instituted in the Bombay City Civil Court, the plaintiff does not obtain a decree, the defendant shall be entitled to his costs and may also be awarded such additional amount not exceeding one thousand rupees by way of compensation as the Judge may award; or
3. (c) where it is instituted in the High Court or in the Bombay City Civil Court, the plaintiff obtains a decree for any matter of an amount or value less than two thousand rupees, no costs shall be allowed to the plaintiff."

In section 31 of the said Act,--

1. (a) after the words "Madras City Civil Court or" the words, "the Bombay City Civil Court or" shall be inserted; and
2. (b) the words "or Bombay" shall be deleted.

Sections 39 and 40 of the said Act shall be deleted.

In section 47 of the said Act, after the words "High Court" the words "or the Bombay City Civil Court" shall be inserted.

In section 49 of the said Act, for the words "High Court" the words "Bombay City Civil Court or the High Court, as the case may be," shall be substituted.

In section 61 of the said Act, after the words "High Court" at both the places where they occur the words "or the Bombay City Civil Court" shall be inserted.

In the marginal note to section 63 and in the said section 63 of the said Act, for the words "one thousand" the words "two thousand" shall be substituted.