Section 32 of The Presidency Small Cause Courts Act, 1882
Notwithstanding anything contained in the 1Code of Civil Procedure (14 of 1882) as applied by this Act, any minor may institute a suit for any sum of money, not exceeding five hundred rupees, which may be due to him under section 70 of the Indian Contract Act, 1872 (9 of 1872), for wages or piece work or for work as a servant, in the same manner as if he were of full age.
Summary
- It allows minors, who are children under the legal age of adulthood, to file a lawsuit on their own.
- The lawsuit must be to recover money due to them for wages, work done by the piece, or work as a domestic servant.
- The amount of money claimed in the lawsuit cannot be more than five hundred rupees.
- This rule applies despite any conflicting rules in the Code of Civil Procedure, which is the general law governing court processes.
Practical examples
FAQ
1. Can a child sue for unpaid wages under Section 32 of the Presidency Small Cause Courts Act, 1882?
Yes, under Section 32 of the Presidency Small Cause Courts Act, 1882, any person under the age of legal majority can file a lawsuit on their own to recover wages, piecework pay, or servant work earnings.
2. What is the maximum money limit for a minor to sue on their own under Section 32 of the Presidency Small Cause Courts Act, 1882?
Under Section 32 of the Presidency Small Cause Courts Act, 1882, a minor can sue on their own only if the amount of money claimed is five hundred rupees or less.
3. Does a child need an adult guardian to sue for servant wages under Section 32 of the Presidency Small Cause Courts Act, 1882?
No, under Section 32 of the Presidency Small Cause Courts Act, 1882, a child can sue in the exact same way as if they were of full legal age, meaning they do not need an adult guardian to bring the case.
4. Does Section 32 of the Presidency Small Cause Courts Act, 1882 cover lawsuits for any type of contract?
No, Section 32 of the Presidency Small Cause Courts Act, 1882 only applies to claims for money due under Section 70 of the Indian Contract Act, 1872, specifically for wages, piecework, or work as a servant.
Test yourself
Q1.Under Section 32 of the Presidency Small Cause Courts Act, 1882, what is the maximum amount of money a minor can sue for on their own?
Q2.Under Section 32 of the Presidency Small Cause Courts Act, 1882, which type of claim is a minor allowed to file without an adult guardian?
Q3.Under Section 32 of the Presidency Small Cause Courts Act, 1882, which other law is referenced to define the basis of the money due to the minor?
Q4.Under Section 32 of the Presidency Small Cause Courts Act, 1882, whose normal rules of civil procedure are overridden to allow a minor to sue as if of full age?