In force · As amended up to 2026-08
2. See now Order XXI, rule 6, ibid.
1THE SECOND SCHEDULE
SUITS EXCEPTED FROM THE COGNIZANCE OF A COURT OF SMALL CAUSES
( See section 15.)
2[(1) A suit concerning any act done or purporting to be done by or by order of the Central Government, the Crown Representative or the State Government;]
(2) a suit concerning an act purporting to be done by any person in pursuance of a judgment or order of a Court or of a judicial officer acting in the execution of his office;
(3) a suit concerning an act or order purporting to be done or made by any other officer of the Government in his official capacity, or by a Court of Wards, or by an officer of a Court of Wards in the execution of his office;
(4) a suit for the possession of immovable property or for the recovery of an interest in such property;
- (5) a suit for the partition of immovable property;
(6) a suit by a mortgagee of immovable property for the foreclosure of the mortgage or for the sale of the property, or by a mortgagor of immovable property for the redemption of the mortgage;
(7) a suit for the assessment, enhancement, abatement or apportionment of the rent of immovable property;
(8) a suit for the recovery of rent, other than house-rent, unless the Judge of the Court of Small Causes has been expressly invested by the State Government with authority to exercise jurisdiction with respect thereto;
2. Sec now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I, Order VII, rule 10
3. Subs. by Act 9 of 1922, s. 5, for "section 588, clause (29), of the Code of Civil Procedure".
4. Ins. by s. 5, ibid.
"Provided that in relation to any case decided by a District Judge or Additional District Judge exercising the jurisdiction of Judge of Small Causes, the power of revision under this section shall vest in the High Court."
[ Vide Uttar Pradesh Act 37 of 1972, s. 3]
Haryana
Amendment of section 25.— For section 25 of the Provincial Small Cause Courts Act, 1887, the following section shall be substituted, namely:—
" Revision of decrees and orders of Courts of Small Causes .—(1) The District Judge for the purpose of satisfying himself that a decree or order made in any case decided by a Court of Small Causes was according to law, may of his own motion, or on the application of an aggrieved party made within thirty days from the date of such decree or order, call for the case and pass such order with respect thereto as he thinks fit.
(2) Any revision pending in the High Court against the decree or ord er made by a Court of Small Causes shall stand transferred to the District Judge exercising ordinary territorial jurisdiction in such cases."
[ Vide Haryana Act 27 of 1977, s. 2]
(9) a suit concerning the liability of land to be assessed to land-revenue;
(10) a suit to restrain waste;
(11) a suit for the determination or enforcement of any other right to or interest in immovable property;
(12) a suit for the possession of an hereditary office or of an interest in such an office, including a suit to establish an exclusive or periodically recurring right to discharge the functions of an office;
(13) a suit to enforce payment of the allowance or fees respectively called malikana and hakk, or of cesses or other dues when the cesses or dues are payable to a person by reason of his interest in immovable property or in an hereditary office or in a shrine or other religious institution;
(14) a suit to recover from a person to whom compensation has been paid under the 3Land Acquisition Act, 1870 (10 of 1870), the whole or any part of the compensation;
(15) a suit for the specific performance or rescission of a contract;
(16) a suit for the rectification or cancellation of an instrument;
(17) a suit to obtain an injunction;
26. [ Amendment of the Second Schedule to the Code of Civil Procedure. ] Rep. by the Presidency Small Cause Courts Law Amendment Act, 1888 (10 of 1888), s. 4.
Source: India Code