In force · As amended up to 2026-08
68. Bar of distresses except under this Chapter. Penalty for making illegal distresses.
CHAPTER IX
REFERENCES TO HIGH COURT
SECTIONS
69. Reference when compulsory.
8. Rank and precedence of Judges.— The Chief Judge shall be the first of the Judges in rank and precedence.
The other Judges shall have rank and precedence as the State Government may, from time to time, direct.
2 [8A. Performance of duties of absent Judge.— (1) During any absence of the Chief Judge or any Judge of the said Court, or during the period for which any Judge is acting as Chief Judge, the State Government may appoint any person, having[1] [the requisite qualifications], to act as Chief Judge or Judge of the said Court, as the case may be.
(2) Every person so appointed shall be authorised to perform the duties of the Chief Judge or a Judge of the said Court until the return of the absent Chief Judge or Judge, or of the Judge acting as Chief Judge, or until the State Government sees cause to cancel the appointment of such acting Chief Judge or Judge, as the case may be.]
3 [9. Procedure and practice of Small Cause Court.— (1) The High Court may, from time to time, by rules having the force of law,—
(a) prescribe the procedure to be followed and the practice to be observed by the Small Cause Court either in supersession of or in addition to any provisions which were prescribed with respect to the procedure or practice of the Small Cause Court on or before the thirty-first day of December, 1894, in or under this Act or any other enactment for the time being in force; and
4 [(aa) empower the Registrar to hear and dispose of undefended suits and interlocutory applications or matters; and]
- (b) cancel or vary any such rule or rules.
Rules made under this section may provide, among other matters, for the exercise by one or more of the Judges of the Small Cause Court of any powers conferred on the Small Cause Court by this Act or any other enactment for the time being in force.
(2) The law, and any rules and declarations made, or purporting to be made, thereunder, with respect to procedure or practice, in force or treated as in force in the Small Cause Court on the thirty-first day of December, 1894, shall be in force, unless and until cancelled or varied by rules made by the High Court under this section.]
1. Subs. by the A.O. 1937.
2. Subs. by Act 3 of 1899, s. 3, for section 8A.
3. Subs. by Act 1 of 1895, s. 5, for section 9.
4. Ins. by Act 3 of 1899, s. 4.
Source: India Code