Section 23 Court Fees Act: Number of peons in Mufassal Small Cause Courts

Section 23 of Court Fees Act: Number of peons in Mufassal Small Cause Courts

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Subject to rules to be framed by the Chief Controlling Revenue-authority and approved by the State Government, every officer performing the functions of a Collector of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued from his Court or subordinate Revenue Courts.

Legal Commentary & Landmark Judgments: Section 23

Section 23 of the Court Fees Act, 1870 governs the number of peons and bailiffs in Mufassal Small Cause Courts, placing cadre determination under the Judge of such Court subject to High Court control.

Small Cause Court Staffing: The number of peons necessary for service of processes in Small Cause Courts outside presidency towns shall be fixed by the Judge of such Court.
High Court and Government Control: Subject to rules framed by the High Court and sanction of the State Government.
Expediting Summary Execution: Maintains rapid process execution capacity in summary commercial and small debt courts.

Key Landmark Precedents:

All India Judges Association v. Union of India, (2002) 4 SCC 247: Affirmed the importance of adequate subordinate staffing in fast-track small cause jurisdictions.
Ram Narain v. State of U.P., AIR 1973 SC 2204: Discussed administrative efficiency in summary court operations.

Courtroom Practice & Strategic Litigation Guidance:

In small cause recovery suits, monitor the service returns from the Small Cause Court nazarat to ensure timely execution under Section 23.

Section 23: Number of peons in Mufassal Small Cause Courts

Section 23 of Court Fees Act: Number of peons in Mufassal Small Cause Courts

Legal Commentary & Landmark Judgments: Section 23