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Section 18 – The Presidency Small Cause Courts Act,1882

The Presidency Small Cause Courts Act,1882

Section 18. Suits in which Court has jurisdiction

Subject to the exceptions in section 19, the Small Cause Court shall have jurisdiction to try all suits of a civil nature–

When the amount or value of the subject-matter does not exceed two thousand rupees: and

(a) The cause of action has arisen, either wholly or in part, within the local limits of the jurisdiction of the Small Cause Court, and the leave of the Court has, for reasons to be recorded by it in writing, been given before the institution of the suit; or

(b) All the defendants, at the time of the institution of the suit, actually and voluntarily reside, or carry on business or personally work for gain, within such local limits; or

(c) Any of the defendants at the time of the institution of the suit, actually and voluntarily resides, or carries on business or personally works for gain, within such local limits, and either the leave of the Court has been given before the institution of the suit, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution;

1[Provided that where the cause of action has arisen wholly within the local limits aforesaid, and the Court refuses to give leave for the institution of the suit, it shall record in writing its reasons for such refusal.]

Explanation I. When in any suit the sum claimed is, by a set-off admitted by both parties, reduced to a balance not exceeding two thousand rupees, the Small Cause Court shall have jurisdiction to try such suit.

Explanation II. Where a person has a permanent dwelling at one place and also a lodging at another place for a temporary purpose only, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary lodging.

Explanation III. A Corporation or Company shall be deemed to carry on business at its sole or principal office in 2[a Part A State or a Part C State], or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.

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1. Ins. by Act 1 of 1895, s.7.

2. Subs. by the A.O.1950 for “the Provinces”

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The Presidency Small Cause Courts Act,1882

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