AI Overview...
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Section 25 of the Provincial Small Cause Courts Act, 1887, grants the High Court the power to revise and set aside decrees or orders passed by Small Cause Courts (e.g., 02500022042, ROSHAN LAL VS RISHI PAL SINGH - Allahabad, Radhey Lal VS Special Judge Bulandshahr - Allahabad, Ramesh Kumar VS Addl. District Judge Court No. 2, Faizabad - Allahabad).
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Order 6 Rule 17 of the CPC relates to amendments of pleadings after the commencement of trial, with courts generally rejecting amendments that resile from admissions once trial has started (Pashchimanchal Vidyut Vitran Nigam Ltd. VS Anil Raj Kumar - Allahabad, PREM CHANDRA MISHRA VS IInd ADDL. DISTRICT JUDGE, ETAH - Allahabad).
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The proviso to Section 17(1) of the Provincial Small Cause Courts Act is significant in cases involving ex parte decrees, applications for setting aside decrees, and compliance with legal procedures, with courts holding that the proviso applies to certain applications under Section 17 (AMERICAN FURNISHING HOUSE VS UDAT RAM BHURTI - Delhi, American Furnishing House VS Udai Ram Bhurgi - Punjab and Haryana, Trilok Singh VS Jamuna Devi - Allahabad, ROSHAN LAL VS RISHI PAL SINGH - Allahabad).
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Courts have emphasized that amendments under Order 6 Rule 17 are only permissible before the trial begins or when the trial court permits, and subsequent amendments resiling from admissions are generally disallowed (Pashchimanchal Vidyut Vitran Nigam Ltd. VS Anil Raj Kumar - Allahabad, PREM CHANDRA MISHRA VS IInd ADDL. DISTRICT JUDGE, ETAH - Allahabad).
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Proceedings under the Provincial Small Cause Courts Act are subject to the provisions of the CPC, including Order IX (related to setting aside ex parte judgments) and Order XXII (related to the setting aside of decrees), with courts applying these provisions to Small Cause Court cases (PREM CHANDRA MISHRA VS IInd ADDL. DISTRICT JUDGE, ETAH - Allahabad, Ramesh Kumar VS Addl. District Judge Court No. 2, Faizabad - Allahabad, Raj Kumar Makhija and others VS S. K. S. and Co. and others - Allahabad).
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The courts have also discussed the applicability of Section 17 in relation to applications under Order IX Rule 13 CPC for setting aside ex parte decrees, often requiring compliance with procedural requirements and deposit of decretal amounts (02500022042, Trilok Singh VS Jamuna Devi - Allahabad, ROSHAN LAL VS RISHI PAL SINGH - Allahabad).
Analysis and Conclusion:
Section 25 of the Provincial Small Cause Courts Act empowers the High Court to exercise revisional jurisdiction over Small Cause Court decrees, especially concerning procedural irregularities and applications under Section 17. Order 6 Rule 17 CPC restricts amendments after trial commencement, particularly those contradicting admissions. The proviso to Section 17(1) plays a crucial role in applications to set aside ex parte decrees, with courts requiring strict compliance with procedural rules, including deposit of decretal amounts and proper notices. Overall, procedural safeguards and the revisional power aim to ensure justice while maintaining procedural discipline in Small Cause Court proceedings.
Search Results for "Section 25 of Provincial Small Cause Court and Order 6 Rule 17 Cpc"
2016 0 Supreme(All) 3368 • India - Allahabad
MANOJ MISRA
Amendment - Civil Procedure Code - Order 6 Rule 17 - [Act No. 22 of 2002, Order 6 Rule 17 CPC] - The court rejected the amendment ... Finding of the Court: The court found that the amendment application was rightly rejected as the trial had commenced ... The court also held that any subsequent amendment resiling from the plaintiff's admission....
1966 0 Supreme(Del) 24 • India - Delhi
H.R.KHANNA
Finding of the Court: The court held that the proviso to section 17(1) of the Provincial Small Cause Courts Act, 1887 ... 17(1) of the Provincial Small Cause Courts Act, 1887. ... Ratio Decidendi: The court held that the proviso to section 17(1) of the Provincial Small Cause Courts Act, 1....
1966 0 Supreme(P&H) 36 • India - Punjab and Haryana
H.R.KHANNA
Issues: Whether the proviso to Sub-section (1) of Section 17 of the Provincial Small Cause Courts Act (IX of 1887) applies ... PROVINCIAL SMALL CAUSE COURTS ACT, 1887 - SECTION 17(1) - EX PARTE DECREE - SETTING ASIDE - DEPOSIT OF DECRETAL AMOUNT OR FURNISHING ... The plaintiffs filed a revision-petition under Section 25 of the Provincial #HL_S....
2008 0 Supreme(All) 2145 • India - Allahabad
V.K.SHUKLA
Provincial Small Cause Courts Act, 1887—Section 17—Code of Civil Procedure, 1908—Order IX, Rule 13, Order XV, Rule 5 and Section ... —And directing for fresh decision in accordance with law on question of compliance of Section 17 of Small Cause Courts Act—Hence, ... Urban Buildings (Regulation of Letting, Rent and Eviction) Ac....
1970 0 Supreme(MP) 48 • India - Madhya Pradesh
SHIV DAYAL, NAIK, TARE
C., Order 46, Rules 6 and 7, C. P. C., section 15 of the M. P. ... (1) Small Cause Courts Act, 1887 (Provincial) – S. 16 -suit of small cause nature tried by ordinary Court on the regular side -decree ... and tried as a regular suit in contravention of the provisions of section 16 of the Provincial Small Cause Courts Act the judgment ... applic....
1977 0 Supreme(All) 296 • India - Allahabad
M.P.MEHROTRA
Whether the proviso to Section 17 of the Provincial Small Cause Courts Act would be applicable to an application under Order IX, ... C. - WHETHER MAINTAINABLE - PROVIDER TO SECTION 17 OF THE PROVINCIAL SMALL CAUSE COURTS ACT - WHETHER APPLICABLE. ... The court further held that the proviso to Section 17 of the Provincial #HL_S....
2012 0 Supreme(All) 2811 • India - Allahabad
SUDHIR AGARWAL
Provincial Small Cause Courts Act, 1887—Section 17 (1)—Code of Civil Procedure, 1908—Order IX, Rule 13—Limitation Act, 1963—Section ... set aside—Decree of ejectment and recovery for arrears of rent passed by trial Court dated 25.8.2004 passed by Judge Small Cause ... of proviso to Section 17(1) of Act, 1887—Revisional #HL_STA....
1993 0 Supreme(All) 178 • India - Allahabad
S.P.SRIVASTAVA
PROVINCIAL SMALL CAUSE COURTS ACT - SECTION 17 - ORDER IX RULE 9 CPC - SECTION 151 CPC - RESTORATION OF REVISION DISMISSED IN ... It held that the provisions of Order IX Rule 9 CPC and section 151 CPC could be applied to the proceedings under the Provincial Small ... Fact of the Case: The ....
2014 0 Supreme(All) 2981 • India - Allahabad
RAM SURAT RAM (MAURYA)
I, Rule 10 read with Order VI, Rule 17 and section 151, C.P.C. ... Small Causes Court - Setting Aside Ex Parte Decree - Provincial Small Cause Courts Act, 1887 - Order XXII, Rule 4, C.P.C. - Order ... with mandatory provisions of the Provincial Small Cause Courts Act, 1887 ....
2011 0 Supreme(All) 2769 • India - Allahabad
ABHINAVA UPADHYA
CPC, Section 17 of the Provincial Small Causes Courts Act] - The court discussed the provisions of Order IX Rule 13 CPC and Section ... Order IX Rule 13 CPC - Setting Aside Ex Parte Decree - Section 17 of the Provincial Small Causes Courts Act - [Order IX Rule#HL_....
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