Rule 1.
Application of Code to Provincial Small Cause Courts
The provisions contained in the following parts of the First Schedule shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887, or to Courts exercising the jurisdiction of a Court of Small Causes under the said Act, that is to say—
(a)so much of this Schedule as relates to—
(i)suits excepted from the cognizance of a Court of Small Causes or the execution of decrees in such suits;
(ii)the execution of decrees against immovable property or the interest of a partner in partnership property;
(iii)the settlement of issues; and
(b)the following rules and Orders:—
Order II, rule 1 (frame of suit);
Order X, rule 3 (record of examination of parties);
Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment;
Order XVIII, rules 5 to 12 (evidence);
Orders XLI to XLV (appeals);
Order XLVII, rules 2, 3, 5, 6, 7 (review);
Order LI.
Legal Commentary & Landmark Judgments: Order 50
Order L specifies the provisions of the First Schedule that do not apply to Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887.
If a plaintiff seeks a temporary injunction under Order 39 or appointment of a receiver under Order 40 before a Small Cause Court, raise an immediate jurisdictional objection under Order 50 Rule 1.