The Code Of Civil Procedure 1908
Order 21 :
Rule 4 :
Transfer to Court of Small Causes :
Where a decree has been passed in a suit of which the value as set forth in the plaint did not exceed two thousand rupees and which, as regards its subject-matter, is not excepted by the law for the time being in force from the cognizance of either a Presidency or a Provincial Court of Small Causes, and the Court which passed it wishes it to be executed in Calcutta, Madras 1.[or Bombay], such Court may send to the Court of Small Causes in Calcutta, Madras 1.[or Bombay], as the case may be, the copies and certificates mentioned in rule 6; and such Court of Small Causes shall thereupon execute the decree as if it had been passed by itself.
State Amendment :
High Court Amendments-[Bombay] :
In Order XXI, for the existing rule 4 and its marginal note, substitute the following as rule 4 and marginal note:
"Rule 4. Transfer to Court of Small Causes.-(1) Where a decree has been passed in a suit of which the value as set forth in the plaint did not exceed two thousand rupees and which, as regards, its subject-matter, is not expected by the law for the time being in force from the cognizance of either a Presidency or a Provincial Small Causes Court and the Court which passed it wishes it to be executed in Calcutta or Madras, such Court may send to the Court of Small Causes in Calcutta or Madras, as the case may be, the copies and certificates mentioned in rule 6; and such Court of Small Causes shall thereupon execute the decree as if it had been passed by itself.
(2) A decree in a suit of the nature described in sub-rule (1) but in which the value as set forth in the plaint did not exceed ten thousand rupees may be sent for execution to and be executed by the Presidency Court of Small Causes at Bombay in the manner prescribed in sub-rule (1)."-(1-10-1983).
[Gujarat] :
Same as that of Bombay except in sub-rule (2) for "ten thousand" substitute "three thousand".-(17-8-1961).
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1. Substituted by the A.O. 1937, for “Bombay or Rangoon”.
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