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Section 17 – The Provincial Small Cause Courts Act,1887

The Provincial Small Cause Courts Act,1887

Section 17. Application of the Code of Civil Procedure

(1) 1[The procedure prescribed in the Code of Civil Procedure,1908 (5 of 1908), shall, save in so far as is otherwise provided by that Code or by this Act,] be the procedure followed in a Court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits:

Provided that an applicant for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the amount due from him under the decree or in pursuance of the judgment, or give 2[such security for the performance of the decree or compliance with the judgment as the Court may, on a previous application made by him in this behalf, have directed].

(2) Where a person has become liable as surety under the proviso to sub-section (1), the security may be realized in manner provided by section 3[145] of the Code of Civil Procedure (5 of 1908), 4[1908].

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1. Subs. by Act 1 of 1926, s.2, for the original words

2. Subs. by Act 9 of 1935, s.2, for “security to the satisfaction of the Court for the performance of the decree or compliance with the judgment, as the Court may direct”

3. Subs. by Act 1 of 1926, s.2, for “253”

4. Ins. by s.2, by Act 1 of 1926

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The Provincial Small Cause Courts Act,1887

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