Description

Order 51 of the Civil Procedure Code (CPC) applies to the Presidency Small Cause Courts. These courts are special courts located in the presidencies of Bombay, Calcutta, and Madras, which were established under the Presidency Small Cause Courts Act to handle small civil disputes of a certain monetary value. The purpose of these courts is to provide a more expeditious and simplified process for resolving small claims that might not need the detailed formalities of the regular civil courts.

Key Provisions of Order 51 CPC:

1. Rule 1 - Application of CPC Provisions to Presidency Small Cause Courts:

• Order 51, Rule 1 specifies that the general provisions of the CPC apply to the Presidency Small Cause Courts unless they are inconsistent with the Presidency Small Cause Courts Act or the rules of procedure prescribed by the specific court.
• This ensures that the Presidency Small Cause Courts operate under the broader framework of the CPC, but with certain modifications or exceptions to reflect the nature of small claims.

2. Rule 2 - Procedure for Instituting a Suit:

• A suit in a Presidency Small Cause Court is initiated through the filing of a plaint, just like in other civil courts.
• The procedure for service of summons, filing documents, and proceeding with the case is simplified for the convenience of the parties involved. The small cause nature of the cases ensures a quicker resolution without much delay.

3. Rule 3 - Power of the Presidency Small Cause Court:

• The Presidency Small Cause Courts have powers similar to the regular civil courts, but their jurisdiction is limited to small civil matters. They are authorized to hear cases involving small amounts of money (as prescribed by law) or disputes of lesser complexity.
• These courts can pass decrees for payment of money, recovery of property, or damages related to small civil matters.

4. Rule 4 - Procedure for Trial:

• The procedure followed in the Presidency Small Cause Courts is designed to be simplified and more expeditious.
• The courts may allow written submissions, affidavits, and other simplified means of presenting the case to expedite the process.
• Oral testimony and other formalities are kept to a minimum unless absolutely necessary.

5. Rule 5 - Execution of Decrees:

• After a judgment or decree is passed, the procedure for executing the decree in the Presidency Small Cause Courts is generally simplified.
• This includes orders for attachment, sale of property, or other methods of enforcement of judgments, depending on the nature of the decree.

6. Rule 6 - Appeals from Presidency Small Cause Courts:

• The right to appeal from the decisions of the Presidency Small Cause Courts is limited. Appeals are generally allowed only in cases where there are substantial questions of law or misapplication of legal principles.
• Appeals are generally heard in the High Court and must follow the rules for appeals prescribed by law.

Punishment

While Order 51 does not prescribe specific punishments, the Presidency Small Cause Courts may impose certain consequences in case of non-compliance with their procedures:

1. Default Judgment:

   • If a party fails to appear in court or comply with court orders, the court may pass a default judgment or dismiss the case.

2. Costs:

   • The court may impose costs on a party for delays, unnecessary adjournments, or non-compliance with procedural requirements.

3. Contempt of Court:

   • If a party disobeys the court's orders or engages in misconduct during the proceedings, they may be found in contempt of court, resulting in penalties or fines.