Chapter V MISCELLANEOUS PROVISIONS.

(1) All Courts of Small Causes in the area to which this Act extends shall be subordinate to and subject to the general supervision of the High Court.

(2) A Court of Small Causes shall,-

(a) keep such registers, books and accounts as the High Court may from time to time prescribe;

(b) when requisitioned by the District Court the High Court or the Government, send files, returns and statements as directed.

A Court of Small Causes shall use a seal of such form as may be prescribed by Government.

(1) Nothing in this Act shall prevent the assigning of the work of a Civil Court to a Judge or [Senior Civil Judge] of a Court of Small Causes or the conferring upon him the powers of a Magistrate of any Class or his appointment to any other public office.

(2) When a Judge or [Senior Civil Judge] is invested with powers under sub-section (1), the ministerial staff of the Court shall be deemed to have been appointed to aid him in the work.

7. Repealed (section 17) by Act No.19 of 1972 (vide. section 34 (1)).

Where a Court is invested with the jurisdiction of a Court of Small Causes, such Court shall, for the purposes of this Act and the Code of Civil Procedure, 1908, be deemed to be a Court of Small Causes with respect to the exercise of that jurisdiction and with respect to the suits which are not cognizable by a Court of Small Causes, a different Court.

Notwithstanding anything contained in sections 17 and 18,-

(a) when in any Court invested with the jurisdiction of a Court of Small Causes in exercise of that jurisdiction sends a decree for execution to itself as a Court which does not exercise the jurisdiction of a Court of Small Causes, or

(b) when a Court in suits which are not cognizable by a Court of Small Causes sends a decree for execution to itself as a Court exercising the jurisdiction of a Court of Small Causes,

the documents, specified in rule 6 of Order 21 of the Code of Civil Procedure, 1908 shall not be required to be sent with the decree unless the Court, by order in writing, requires them to be sent.

Where a Court of Small Causes or a Court invested with the jurisdiction of a Court of Small Causes, has for any cause, ceased to have that jurisdiction, any proceeding in relation to the case instituted whether before or after decree, in the Court which would have jurisdiction in respect of that case, if that case had been instituted on the date of institution of the proceedings:

Provided that such Court shall try the case in the same manner as the case instituted in that Court.

The High Court may by notification permit a Court of Small Causes to adjourn from time to time for such period not exceeding in aggregate two months in each year.

(1) Notwithstanding anything contained in this Act or in the Code of Civil Procedure, 1908, the High Court may for the duration of the adjournment of any Court of Small Causes in summer vacation, appoint for such Court of Small Causes a Vacation Civil Judge not below the rank of a Chief Judge or Additional Chief Judge.

(2) (a) The local limits of the jurisdiction of the Vacation Civil Judge shall be the same as that of Chief Judge of the Small Causes Court;

(b) the jurisdiction of the vacation Civil Judge shall extend to all suits, appeals and other proceedings pending in, or cognizable by, any small Causes Courts (whether a Court of Chief Judge, a Court of Additional Judge (Senior Civil Judge) or Rent Controller (Junior Civil Judge) in the unit of Court of Small Causes when such Court are adjourned for summer Vacation.

(3) The place at which the Court of the Vacation Civil Judge shall be held, shall the same as the place at which the Court of Chief Judge, Small Causes Court concerned may be held. The Vacation Civil Judge shall have such administrative control over the staff of the Courts in the Unit of Small Causes Courts as the High Court may, by general or special order determine.

(4) Notwithstanding the appointment of the Vacation Civil Judge, every Court in the Unit of Small Causes Courts shall during the period it is adjourned for summer vacation, be deemed to be closed for the purposes of section 4 of the Limitation Act, 1963.

(5) On the reopening of the Court of Chief Judge, Additional Judge (Senior Civil Judge) or the Rent Controller (Junior Civil Judge) after the Summer Vacation, all suits, appeals and other proceedings pending in the Court of the Vacation, Civil Judge which, but for this section would have been instituted or pending in such Court of Chief Judge, Court of Additional Judge (Senior Civil Judge) or Rent Controller (Junior Civil Judge) as the case may be, shall stand transferred to the Court concerned and any judgement, decree, order or proceeding, passed by the vacation judge shall, after such transfer, be deemed to be a judgement, decree, order or proceeding passed by the court concerned.

(6) Notwithstanding the provisions of sub-section (5), any appeal from the judgement, decree or order of the Court of Vacation Judge, shall, when such appeal is allowed by law, lie to the High Court.