The Provincial Small Cause Courts Act, 1887 · I — PRELIMINARY

Section 4. Definition

In force · As amended up to 2026-08

4. Definition.— In this Act, unless there is something repugnant in the subject or context, "Court of Small Causes" means a Court of Small Causes constituted under this Act, and includes any person exercising jurisdiction under this Act in any such Court. 4. See now the Indian Succession Act, 1925 (39 of 1925), ss. 360 and 361. - (c) for malicious prosecution; - (d) for libel; - (e) for slander; (f) for adultery or seduction; (g) for breach of contract of betrothal or promise of marriage; (h) for inducing a person to break a contract made with the plaintiff; (i) for obstruction of an easement or diversion of a water-course; 1[(ii)for an act which is, or, save for the provisions of Chapter IV of the Indian Penal Code (45 of 1860), would be, an offence punishable under Chapter XVII of the said Code;] 2 [(j) for illegal, improper or excessive distress, attachment or search, or for trespass committed in, or damage caused by, the illegal or improper execution of any distress, search or legal process;] (k) for improper arrest under Chapter XXXIV of the[3] Code of Civil Procedure (14 of 1882) or in respect of the issue of an injunction wrongfully obtained under Chapter XXXV of that 3Code; or (l) for injury to the person in any case not specified in the foregoing sub-clauses of this clause; (36) a suit by a Muhammadan for exigible (mu'ajjal) or deferred (mu'wajjal) dower; (37) a suit for the restitution of conjugal rights,[4] * for the custody of a minor, or for a divorce;[.] (38) a suit relating to maintenance; (39) a suit for arrears of land-revenue, village-expenses or other sums payable to the representative of a village-community or to his heir or other successor in title; (40) a suit for profits payable by the representative of a village-community or by his heir or other successor in title after payment of land-revenue, village-expenses and other sums; (41) a suit for contribution by a sharer in joint property in respect of a payment made by him of money due from a co-sharer, or by a manager of joint property, or a member of an undivided family in respect of a payment made by him on account of the property or family; (42) a suit by one of several joint mortgagors of immovable property for contribution in respect of money paid by him for the redemption of the mortgaged property; (43) a suit against the Government to recover money paid under protest in satisfaction of a claim made by a revenue-authority on account of an arrear of land-revenue or of a demand recoverable as an arrear of land-revenue; 5 [(43A) a suit to recover property obtained by an act which is, or, save for the provisions of Chapter IV of the Indian Penal Code (45 of 1860), would be, an offence punishable under Chapter XVII of the said Code;) (44) a suit the cognizance whereof by a Court of Small Causes is barred by any enactment for the time being in force. STATE AMENDMENT Uttar Pradesh 1. Ins. by Act 6 of 1914, s. 2(1). 2. Subs. by s. 2, ibid., for item (j).

Source: India Code

How this section changed

  1. inserted by Act 6 of 1914, s. 2(1)

    Date not stated in the footnote

    Footnote: 1. Ins. by Act 6 of 1914, s. 2(1).

  2. substituted by Act 6 of 1914, s. 2

    Date not stated in the footnote

    Footnote: 2. Subs. by s. 2, ibid., for item (j).