Presidency Small Cause Courts Act,1882
Act No : 15
Section :
Costs when plaintiff sues in High court in other cases cognizable bySmall Cause Court.
22.Costs when plaintiff sues in High court in other cases cognizable by Small Cause Court. If any suit cognizable by the Small Cause Court, other than a suit to which section 21 applies, is instituted in the High Court, and if in such suit the plaintiff obtains, in the case of a suit founded on contract, a decree for any matter of an amount or value less than 4[one thousand] rupees, and in the case of any other suit a decree for any matter of an amount or value of less than three hundred rupees, no cost shall be allowed to the plaintiff ; and if in any such suit the plaintiff does not obtain a decree, the defendant shall be entitled to his costs 5[as between attorney and client]. ---------------------------------------------------------------------- 1 See now the Indian Limitation Act, 1908 (9-of 1908). 2 As to additional fee payable on the filing of such agreement, see s. 71, infra. 3 Ins. by Act 1 of 1895, s. 10. 4 Subs. by s. 1 1, ibid., for "two thousand". 5 In the application of the Act to Madras, these words have been substituted by certain other words: see Mad. Act 1 of 1945, s. 3. ---------------------------------------------------------------------- 29 The foregoing rules shall not apply to any suit in which the Judge who tries the same certifies that it was one fit to be brought in the High Court.
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