The Presidency Small Cause Courts (Tamil Nadu Amendment) Act, 1927

1. (1) This Act may be called the Presidency Small Cause Courts ([Tamil Nadu]

Substitution of new section for section 47

1. (a) In section 47 of the Presidency Small Cause Courts Act, 1882, for the words 'suit in the High Court against the applicant', the words 'suit against the applicant in the High Court or in the Madras City Civil Court, as the case may be, shall be substituted; and
2. (b) In section 49 of the same Act, after the words 'suit in the High Court', the words 'or in the Madras City Civil Court, as the case may be,' shall be inserted.

In section 71 of the Presidency Small Cause Courts Act, 1882 (Central Act XV of 1882), (hereinafter referred to as the principal Act), for clauses

1. (e) and (f), the following shall be substituted :- " the sum of seventy rupees or part thereof of the amount or value of the subject-matter ." 3. Insertion of new sections 72A and 72B After section 72 of the principal Act, the following sections shall be inserted, namely :- " 72-A. No document of any of the kinds specified in the Fifth Schedule shall be filed, exhibited or recorded in, or shall be received or furnished by, any Small Cause Court, unless in respect of such document the fee specified therein be paid.

Provided, that if the suit or application is ordered to be re-heard, the Small Cause Court may direct that such fee be repaid, in whole or in part, to the party by whom it has been paid ".

4. Insertion of new sections 74A to After section 74 of the principal Act, the following sections shall be inserted, namely :- " 74-A. Where the plaintiff or applicant in any suit or application received and registered under section 74 succeeds in the suit or application, the Small Cause Court shall calculate the amount of fee which would have been paid by the plaintiff or applicant if that suit or application had not been so received and registered; such amount shall be recoverable by the State Government from any party ordered by the decree or order to pay the same, and shall be a first charge on the subject-matter of the suit or application.

74-C. Where the Small Cause Court finds that a suit or application received and registered under section 74 has been instituted unreasonably or improperly by a next friend on behalf of a minor plaintiff or applicant on a cause of action which accrued during the minority of such plaintiff or applicant, the Small Cause Court may order the next friend to personally pay the fee. 74-D. Where the suit or application abates by reason of the death of the plaintiff or of any person added as a co-plaintiff or of the applicant or of any person added as a co-applicant, the Small Cause Court shall order that the amount of fee which would have been paid by the plaintiff or applicant if his suit or application had not been received and registered under section 74 shall be recoverable by the State Government from the estate of the deceased plaintiff or applicant. 74-E. Where an order is made under section 74-A, 74-B, 74-C or 74-D, the Small Cause Court shall forthwith cause a copy of the decree or order to be forwarded to the Collector, who may, without prejudice to any other mode of recovery, recover the amount of fee specified therein from the person or property liable for the payment as if it were an arrear of land revenue."

5. Substitution of new sections for section 77 For section 77 of the principal Act, the following sections shall be substituted, namely :- " 77. If any difference arises between the officer whose duty it is to see that any fee is paid under this Act and any party as to the necessity of paying a fee or the amount thereof, the question shall be referred to the Registrar whose decision shall be final except where, in his opinion, the question is one of general importance in which case he shall refer it to the Chief Judge.

6. Addition of a new Schedule After the Fourth Schedule to the principal Act, the following Schedule shall be added, namely :- THE FIFTH SCHEDULE. (See section 72-A.)

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1. (i) when the amount or deposit does not exceed Rs. 50. [Fifty naye paise] -
2. (ii) when the amount or deposit exceeds Rs. 50 but does not exceed Rs. 1,000. One rupee. -
3. (iii) when it exceeds Rs. 1,000. Two rupees.

2 Copy or translation of a judgment or order not being or having the force of a decree-

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1. (a) if the amount or value of the subject-matter is Rs. 50, or less than Rs. 50. [Fifty naye paise]

3 Copy of a decree or order having the force of a decree-

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1. (a) if the amount or value of the subject-matter of the suit wherein such decree or order is made is Rs. 50, or less than Rs. 50. [Seventy-five naye paise]. -
2. (b) if such amount or value exceeds Rs. 50. One rupee and fifty naye paise].

4 Copy of any document liable to stamp duty under the Indian Stamp Act, 1899, when left by any party to a suit or proceeding in place of the original withdrawn-

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1. (a) when the stamp duty chargeable on the original does not exceed [fifty naye paise]. The amount of the duty chargeable on the original. -
2. (b) in any other case. [Seventy-five naye paise].

5 Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act or copy of any account, statement, report, or the like taken out of the Small Cause Court-

• • For every document. [Seventy-five naye paise].

7. Amendment of Schedule In Article 40 of Schedule I-A to the Indian Stamp Act, 1899 (Central Act II of 1899), the following entries shall be omitted, namely :- "

1. (b) when required in suits or proceedings under the Presidency Small Cause Courts Act, 1882. One rupee two annas." 8. Saving All suits and proceedings instituted in the Small Cause Court before the commencement of this Act and all proceedings by way of appeal, revision or otherwise arising therefrom, whether instituted before or after such commencement, shall be governed by the provisions of the principal Act as if this Act had not been passed.