Section 26 of The Presidency Small Cause Courts Act, 1882
In any suit in which the defendant appears and does not admit the claim, and the plaintiff does not obtain a decree for the full amount of his claim, the Small Cause Court may in its discretion order the plaintiff to pay to the defendant, by way of satisfaction for his trouble and attendance, such sum as it thinks fit. When any claim preferred, or objection made, under section 278 of the 1Code of Civil Procedure (14 of 1882), is disallowed, the Small Cause Court may in its discretion order the person preferring or making such claim or objection to pay to the decree-holder, or to the judgment-debtor, or to both by way of satisfaction as aforesaid, such sum or sums as it thinks fit. And when any claim or objection is allowed the Court may award such compensation by way of damages to the claimant or objector as it thinks fit; and the order of the Court awarding or refusing such compensation—bar any suit in respect of injury caused by the attachment. Any order under this section may, in default of payment of the amount payable thereunder, be enforced by the person in whose favour it is made against the person against whom it is made as if it were a decree of the Court.
Summary
- Empowers the Small Cause Court to punish a plaintiff with a financial penalty if they bring a weak or unsuccessful case.
- Allows the court to order a plaintiff to pay the defendant a reasonable sum to compensate them for their trouble and attendance if the plaintiff does not win their full claim.
- Grants the court discretion, which is the free choice to decide, to order a person whose property claim or objection under Section 278 of the Civil Procedure Code is disallowed, which means rejected, to pay compensation.
- Directs that this property-objection compensation can be paid to the decree-holder, who is the person who won the original lawsuit and is owed money, the judgment-debtor, who is the person who lost the case and owes the debt, or both.
- Permits the court to award compensation as damages to a claimant or objector if their property claim is successful.
- Declares that a court order awarding or refusing compensation for property attachment acts as a total bar, which means a complete legal block, to any other lawsuit for damages caused by that seizure.
- Provides that any compensation order made under this section can be legally enforced against the defaulting person as if it were a final decree, which is a formal court judgment.
Practical examples
FAQ
1. Can a defendant get compensation if a plaintiff files a false or weak case under Section 26 of the Presidency Small Cause Courts Act, 1882?
Yes, under Section 26 of the Presidency Small Cause Courts Act, 1882, if the defendant appears and does not admit the claim, and the plaintiff does not win their full claim, the court can order the plaintiff to pay the defendant money for their trouble and attendance.
2. What happens if a property seizure objection is disallowed under Section 26 of the 1882 Act?
Under Section 26 of the 1882 Act, if an objection to seized property is disallowed, the court can order the person who made the objection to pay compensation to the decree-holder, the judgment-debtor, or both.
3. Can I sue for damages in another court after a decision is made under Section 26 of the Small Cause Courts Act?
No, Section 26 of the Small Cause Courts Act explicitly states that the court's order awarding or refusing compensation bars any other lawsuit for damages caused by the property seizure.
4. How is a compensation order enforced under Section 26 of this presidency court statute?
Under Section 26 of this presidency court statute, if a person fails to pay the ordered compensation, the order can be enforced against them exactly as if it were a formal decree or judgment of the court.
Test yourself
Q1.Under Section 26 of the Presidency Small Cause Courts Act, 1882, when can the court order a plaintiff to pay a sum of money to a defendant for their trouble and attendance?
Q2.Under Section 26 of the Small Cause Courts Act, 1882, if a person's property objection under Section 278 of the Civil Procedure Code is rejected, who can the court order them to compensate?
Q3.Under Section 26 of the 1882 presidency law, what is the legal effect of a court order that either grants or refuses compensation to a property claimant?
Q4.Under Section 26 of the Small Cause Courts statute, how is a compensation order enforced if the person ordered to pay refuses to do so?