The Provincial Small Cause Courts Act, 1887 · IV — PRACTICE AND PROCEDURE

Section 3. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I. Orders XXXVIII and XXXIX, respectively, and s. 95

In force · As amended up to 2026-08

3. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I. Orders XXXVIII and XXXIX, respectively, and s. 95. 4. The words "for the recovery of a wife" were rep. by Act 10 of 1914, s. 3 and the Second Schedule. 5. Ins. by Act 6 of 1914, s. 3. Amendment of the Second Schedule to Act IX of 1887 .—In the Second Schedule to the principal Act, for Article (4), the following article shall be substituted, namely :— "(4) a suit for the possession of immovable property or for the recovery of an interest in such property, but not include a suit by a lessor for the eviction of a lessee from a building after the determination of his lease, and for the recovery from him of compensation for the use and occupation of that building after such determination of lease. Explanation .—For the purposes of this Article, the expression 'building' means a residential or nonresidential roofed structure, and includes any land (including any garden), garages and out-houses, appurtenant to such building and also includes any fittings and fixtures affixed to the building for the more beneficial enjoyment thereof". [ Vide Uttar Pradesh Act 37 of 1972, s. 4] __________ 3. See now the Land Acquisition Act, 1894 (1 of 1894). (18) a suit relating to a trust, including a suit to make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust, and a suit by a co-trustee to enforce against the estate of a deceased trustee a claim for contribution; (19) a suit for a declaratory decree, not being a suit instituted under[1] section 283 or section 332 of the[1] Code of Civil Procedure (14 of 1882); (20) a suit instituted under section 283 or section 332 of the[1] Code of Civil Procedure (14 of 1882); (21) a suit to set aside an attachment by a Court or a revenue-authority, or a sale, mortgage, lease or other transfer by a Court or a revenue -authority or by a guardian; (22) a suit for property which the plaintiff has conveyed while insane; (23) a suit to alter or set aside a decision, decree or order of a Court or of a person acting in a judicial capacity; (24) a suit to contest an award; (25) a suit upon a foreign judgment as defined in the[1] Codc of Civil Procedure (14 of 1882) or upon a judgment obtained in[2] [India]; (26) a suit to compel a refund of assets improperly distributed under section[3] 295 of the Code of Civil Procedure (14 of 1882); (27) a suit under the[4] Indian Succession Act, 1865 (10 of 1865), section 320 or section 321, or under the[4] Probate and Administration Act, 1881 (5 of 1881), section 139 or section 140, to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets; (28) a suit for a legacy or for the whole or a share of a residue bequeathed by a testator, or for the whole or a share of the property of an intestate; (29) a suit— (a) for a dissolution of partnership or for the winding up of the business of a partnership after its dissolution; (b) for an account of partnership-transactions; or (c) for a balance of partnership-account, unless the balance has been struck by the parties or their agents; (30) a suit for an account of property and for its due administration under decree; (31) any other suit for an account, including a suit by a mortgagor, after the mortgage has been satisfied, to recover surplus collections received by the mortgagee, and a suit for the profits on immovable property belonging to the plaintiff which have been wrongfully received by the defendant; (32) a suit for a general average loss or for salvage; (33) a suit for compensation in respect of collision between ships; (34) a suit on a policy of insurance or for the recovery of any premium paid under any such policy; (35) a suit for compensation— 3. For instances of notifications issued under this power, see U. P. R. & 0. (c) the practice and procedure of Courts of Small Causes, (d) appeal from certain orders of those Courts and revision of cases decided by them, and (e) the finality of their decrees and orders subject to such appeal and revision as are provided by this Act, applies to Courts invested by or under any enactment for[.] the time being in force with the jurisdiction of a Court of Small Causes so far as regards the exercise of that jurisdiction by those Courts. (2) Nothing in sub-section (1) with respect to Courts invested with the jurisdiction of a Court of Small Causes applies to suits instituted or proceedings commenced in those Courts before the date on which they were invested with that jurisdiction. (a) for loss occasioned by the death of a person caused by actionable wrong; (b) for wrongful arrest, restraint or confinement;

Source: India Code