Section 89 of The Presidency Small Cause Courts Act, 1882
Notices to produce documents, summonses to witnesses, and all other processes issued in the exercise of any jurisdiction conferred on the Small Cause Court by this Act, except summonses to defendants and writs of execution, may, if the Court by general or special order so directs, be served by such persons as the Court, from time to time, appoints in this behalf.
Summary
- This rule lets the Small Cause Court appoint specific people to deliver certain legal papers, known as processes.
- These papers include notices to show documents and summonses, which are court papers asking witnesses to appear.
- This authority does not apply to summonses sent to defendants or orders to carry out a judgment, which are called writs of execution.
- The court must issue a general or special order to allow these appointed people to deliver the papers.
Practical examples
FAQ
1. Who can deliver witness summonses under Section 89 of the Presidency Small Cause Courts Act, 1882?
Under Section 89 of the Presidency Small Cause Courts Act, 1882, witness summonses can be delivered by any person whom the court specifically appoints for this purpose, provided the court has issued a general or special order allowing it.
2. Can a private appointed person deliver a summons to a defendant under Section 89 of the Presidency Small Cause Courts Act, 1882?
No, under Section 89 of the Presidency Small Cause Courts Act, 1882, summonses to defendants cannot be served by privately appointed individuals. They are strictly excluded from this rule.
3. Does Section 89 of the Presidency Small Cause Courts Act, 1882 apply to writs of execution?
No, under Section 89 of the Presidency Small Cause Courts Act, 1882, writs of execution, which are court orders to enforce judgments, are excluded and cannot be served by these appointed individuals.
Test yourself
Q1.Under Section 89 of the Presidency Small Cause Courts Act, 1882, which of the following court documents is completely excluded from being served by an appointed person?
Q2.What is required under Section 89 of the Presidency Small Cause Courts Act, 1882 for the court to allow appointed individuals to serve process?
Q3.Under Section 89 of the Presidency Small Cause Courts Act, 1882, which process can be served by a person appointed by the court?
Q4.If the Small Cause Court has not issued any general or special order, can an appointed individual serve a notice to produce documents under Section 89 of the Presidency Small Cause Courts Act, 1882?