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31.03.2000
PROVISIONS RELATING TOJURISDICTION, SUIT, APPEALS OR OTHER
PROCEEDING
1
S.33 JURISDICTION OF COURTS
BRIHAN MUMBAI COURT OF SMALL CAUSES
AREA IN WHICH PROVINCIAL SMALL CAUSES COURTS ACT, 1887 APPLIES THE SMALL CAUSES COURTS
(2) THE DISTRICT JUDGE MAY WITHDRAW ANY SUCH SUIT, PROCEEDINGS
OR APPLICATION PENDING IN COURT OF SMALL CAUSES AND TRANSFERS
THE SAME TO
ELSEWHERE
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S. 33(2)(b) THE CIVIL JUDGE (SENIOR DIVISION) TO WHOM THE
PROCEEDINGS ARE TRANSFERRED AFTER WITHDRAWAL MAY EITHER
RE-TRY IT OR PROCEED FROM THE STAGE FROM WHERE IT WAS
WITHDRAWN.
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S. 34 APPEALS
AN APPEAL SHALL LIE ----- IN CASE OF BRIHAN MUMBAI ----- TO BENCH OF TWO DIFEERENT
JUDGES
OF THE SAME COURT
EVERY APPEAL SHALL LIE UNDER THIS SECTION WITHIN 30DAYS FROM THE DATE OF THE ORDER
AND PROVISIONS OF S. 4, 5, AND 12 OF LIMITATION CASE MAY ALSO APPLY
WHERE NO APPEAL LIES ---- THE BENCH OF TWO JUDGES AS STATED ABOVE OR DISTRICT COURT
MAY CALL FOR THE RECORDS OF THE CASE AND SHALL PASS SUCH ORDER AS IT
THINKS FIT.
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S. 34 NO APPEAL SHALL LIE IN THE FOLLOWING CASES –
2. WHERE THE SUIT IF FOR RECOVERY OF RENT AND THE AMOUNT OF VALUE OF SUBJECT MATTER DOES NOT EXCEED
- 10,000/- ----------------------- IN BRIHAN MUMBAI
- AN ORDER UPON APPLICATION FOR FIXING OF S.D. RENT OR P.I. ------EXCEPT------------ SUIT OR PROCEEDINGS
FROM WHICH APPEAL LIES
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SAVINGS, COMPENSATION, PROCEDURE, AND LIMITATION PERIOD
1. PROVISIONS OF S. 33 AND 34 SHALL NOT BE DEEMED TO BAR A PARTY TO SUIT OR PROCEEDINGS IN WHICH QS.
OR TITLE ARISES.
4. TIME LIMIT FOR DISPOSING OFF SUIT OR PROCEEDINGS SHALL BE 12MONTHS FROM SERVICE OF SUMMONS
OR NOTICE AS THE CASE MAY BE.
TIME LIMIT FOR DISPOSING OFF THE APPEAL SHALL BE 6 MONTHS FROM THE DATE OF SERVICE OF NOTICE OF
APPEAL ON RESPONDENT.
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PALAK SINGHAI
B.A.LL.B. L.L.M.(BUSINESS LAWS)