(1) Notwithstanding anything contained in this Act or in the Code of Civil Procedure, 1908, the High Court may for the duration of the adjournment of any Court of Small Causes in summer vacation, appoint for such Court of Small Causes a Vacation Civil Judge not below the rank of a Chief Judge or Additional Chief Judge.
(2) (a) The local limits of the jurisdiction of the Vacation Civil Judge shall be the same as that of Chief Judge of the Small Causes Court;
(b) the jurisdiction of the vacation Civil Judge shall extend to all suits, appeals and other proceedings pending in, or cognizable by, any small Causes Courts (whether a Court of Chief Judge, a Court of Additional Judge (Senior Civil Judge) or Rent Controller (Junior Civil Judge) in the unit of Court of Small Causes when such Court are adjourned for summer Vacation.
(3) The place at which the Court of the Vacation Civil Judge shall be held, shall the same as the place at which the Court of Chief Judge, Small Causes Court concerned may be held. The Vacation Civil Judge shall have such administrative control over the staff of the Courts in the Unit of Small Causes Courts as the High Court may, by general or special order determine.
(4) Notwithstanding the appointment of the Vacation Civil Judge, every Court in the Unit of Small Causes Courts shall during the period it is adjourned for summer vacation,
8. Sections 21 and 22 added with marginal headings by Act No.15 of
2005.
Vacation.
Appointment of vacation Civil Judges.
Central Act V of 1908.
[Act No.VI of 1330 F.] 9 be deemed to be closed for the purposes of section 4 of the Limitation Act, 1963.
(5) On the reopening of the Court of Chief Judge, Additional Judge (Senior Civil Judge) or the Rent Controller (Junior Civil Judge) after the Summer Vacation, all suits, appeals and other proceedings pending in the Court of the Vacation, Civil Judge which, but for this section would have been instituted or pending in such Court of Chief Judge, Court of Additional Judge (Senior Civil Judge) or Rent Controller (Junior Civil Judge) as the case may be, shall stand transferred to the Court concerned and any judgement, decree, order or proceeding, passed by the vacation judge shall, after such transfer, be deemed to be a judgement, decree, order or proceeding passed by the court concerned.
(6) Notwithstanding the provisions of sub-section (5), any appeal from the judgement, decree or order of the Court of Vacation Judge, shall, when such appeal is allowed by law, lie to the High Court.]
10 [Act No.VI of 1330 F.]
SCHEDULE.
The provisions of the Code of Civil Procedure, 1908, as specified below shall not apply to Courts of Small Causes and to the Courts invested with the jurisdiction of a Court of Small Causes.
1. Provisions relating to the suits which are not cognizable by Court of Small Causes.
2. Provisions relating to the execution of decrees in respect of immovable property or provisions relating to execution of a decree in respect of the right of a partner in a partnership property.
3. Provisions relating to framing of issues.
9[4. Section 9, Rule 1 of Order 2, Rule 2 of Order 10, Rules 1 and 10 of Order 39 and section 92.
5. Order 15 except that portion of rule 4 of the said Order which relates to the pronouncement of judgement at once.
6. Rule 5 and Rules 10 to 18 of Order 18.
10[7. [XXX]]
8. Sections 96, 97, 99, 100, 105, 106 and sub-section
(2) of section 107 and Orders 41, 42, 43 and 44.
9. Rules 2, 3 and 5 to 7 of Order 47.]
9. Substituted for clauses (4), (5), (6), (8) and (9) by the Andhra Pradesh Adaptation of Laws Order, 1957.
10. Omitted by Act No.XXV of 1956.
Central Act 5 of 1908.
[Act No.VI of 1330 F.] 11 NOTE:- Section 6 of 11The Hyderabad Small Causes Court (Amendment) Act No. XXX of 1951 is as follows:- Notwithstanding anything contained in this Act all suits and proceedings of a Small Causes Court nature pending in any competent Court immediately before the commencement of this Act may be continued and disposed of as if this Act has not been passed.
* * *
11. Published in Gazette Extraordinary No.46 dated 22nd October, 1951.
E:\Uploading PDF Documents\Uploading word 1308 F-1950\1330 - 2\VI of 1330 F. The Telangana Small Causes Courts Act, 1330 F\Index.docx E:\Uploading PDF Documents\Uploading word 1308 F-1950\1330 - 2\VI of 1330 F. The Telangana Small Causes Courts Act, 1330 F\Act VI of 1330 F..docx