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Repeals.-The Provincial Small Cause Courts Act, 1887 (9 of 1887) , as in force m the Malabar district referred to in sub-section (2) of sectiOn 5 of the States Reorganisation Act, 1956 (37 of 1956), and sub·section (3) of section 22 of the Kerala C1vll Courts Act, 1957 (I of 1956), are hereby repealed. THE SCHEDULE SUITS EXCEPTED FROK THE COGNIZANCE OF A COURT 0!' SMALL CAUSES (See section 12) (1) A suit concerning any act done or purporting to be done by or by order o{ the Central Government or the Govern .. ment; 28 (2) a SUlt concerning an act purporting to be done by any person in pursuance of a JUdgment or order of a Court or of a judicial officer acting in the execution of his office; (3) a suit concernmg an act or order purportmg to be done or made by an) other officer of the Government in his official capacity, or by A Court of Wards, or by an officer of a Court of Wards in the execution of his office ; (4) a suit for the possessiOn of Immovable property or for the recovery of an interest m such property ; (5) a suit for the partition of immovable property; (6) a suit by a mortgagee of immovable property for the foreclosure of the mortgage or for the sale of the property, or by a mortgagor of 1 mmovable property for the redemptiOn of the mortgage ; (7) a sUit to enforce a charge whether created by contract or by statute or by decree of Court; (8) a suit for the assessment, enhancement, abatement or apportionment of the rent of immovable property ; (9) a sUit for the recovery of rent, other than house-rent unless the Judge of the Court of Small Causes has been expres- sly invested by the Government with authonty to exercise jurisdiction with respect thereto ; (10) a suit concerning the liability of land to be assessed to )and revenue; (11) a smt to restrain waste ; (12) a suit for the determmation or enforcement of any other rtght to or mterest in immovable property ; ' {13) a suit for the possessiOn of an hereditary office or of an mterest m such an office, includmg a suit to establish an exclusive or periodically recurrmg rtght to dtscharge the func- tions of an office ; (14) a sUit to enforce payment of any allowance or fees paid to famihes or indtviduals by the Government, or ot cesses or other dues when the cesses or dues are payable to a person by reason of hts interest in Immovable property or m an here- ditary office or m a shrme or other religwus mstitution; (15) a suit to recover from a person to whom compensation has been paid under the Land Acquisition Act for the t1me being in force, the whole or any part of the compensation ; (16) a sUit for the specific performance or rescissiOn of a contract; (17) a sUit for the rectification or cancellation of an instru- ment; (18) a suit to obtain an mj uction ; (J 9) a smt relatmg to a trust, including a smt to make good out of the general estate of a deceased trustee the loss l .. f 20 occasioned by a breach of trust, and a !uit by a eo·trustee to enforce against the estate of a deceased trustee a claim for con- tribution; (20) a sUlt for a declaratory decree ; • (21) a sutt mshtut(>d under Order XXI, rule 63, or Order XXI,rule 103, of the F1rst Schedule to the Code of Civll Pro- cedure, 1908 (5 of 1908); (22J a Stilt to set aside an attachment by a Court or a revenue authonty, or a sale, mortgage lease or other transfer by a Court or a revenue authority or by a guardian ; (23) a suit for property which the plaintiff ha!:> conveyed while msane , (24) a stilt to alter or set aside a deciSion, decree or order of a Court or of a person actmg m a JUdicial capacity ; (25) a stilt to contest an award ; (26) a Stilt upon a foreign Judgment as defined In the Code of Civll Procedure, 1908 (5 of 1908), or upon a judgment obtamed m India ; (27) a stilt to compel a refund of assets Improperly distn- buted under sectiOn 73 of the Code of Civil Procedure, 1908 (5 of 1908); (28) a stilt under sectiOn 360 or section 361 of the Indian Succession Act, 1925 (39 of 1925), to compel a refund by a person to whom an ex~cutor or admmistrator has paid a legacy or distributed assets ; (29) a Stilt for a legacy or for the whole or a share of a residue bequeathed by a testator, or for the whole or a share of the property of an mtestate ; (30) a suit- (a) for a dissolution of partner:,hip or for the windmg up of the busmess of a partnership after Its dissolution ; (b) for an account of partnership transactions, or (c) for a balance of partnership account, unless the balance has been struck by the parties or their agents ; (31) a suit for an account of property and for its due admmistratiOn under decree ; (32) any other suit for an account, mcluding a suit by a mortgagor, after the mortgage has been satisfied, to recover surplus collections receiVed by the mortgagee. and a ~uit for the profits on Immovable property belonging to the plaintiff which have been wrongfully received by the defendant; (33) a suit for a general average loss or for salvage ; (34) a su1t for compensation in respect of colhsion between ships; (35) a suit on a policy of msurance or for the recovery of any premium paid under any such pohcy ; so (36J a suit for compensatlOn- (a) for lo:,s occaswned by the death of a person caused by actionable wrong ; (b) for wrongful arr~st, restramt or confineml!nt; (c) for malicwus pr05ecution ; (d) for libel ; {e) for slander; (f) for adultery or seductwn; (g) for breach of contract of betrothal or promxse of marriage; (h) for inducing a person to break a contract made w1th the plaintiff ; (i) for obstructiOn of an easement or cLvers1on of a water-course ; (j) for an act which IS or save for the provisions of Chapter IV of the Ind1an Penal Code (45 of 1860), would be an offence pumshable under Chapter XVII of the said Code; (k) for 1llegal, rmproper or excessrve d1stre~s. attach- ment~ or search or for trespass cqmmttted m or damage cau:,ed by the Illegal or Improper execution of any distress, search or legal process ; (l) for improper arrest under the Code of Civil Proce- dure 1908 (5 of 1908) or m respect of the 1ssue of an mjunc- bon wrongfully obtained under the said Code ; or (m) for mjury to the per5on In any case not specified in the foregomg su b-c.lauses of th1!:> clause ; (37) a suit by a Muhammadan for exigible (mu'ajjal) or deferred (mu'wjjal) dower ; (38) a su•t for the restnction of ~conJugal r1ghts for the custody of a mmor or for a divorce ; (39) a su1t relatmg to malDttnance ; (40) a suit for arrears of land revenue, vrllage expenses or other sums payable to the representative of a village- community or to hrs heir or other successor m title ; (41) a suit {or profits payable by the representative of a village-commumty or by his heir or other successor in title after payment of land revenue, vrllage expenses and other IIUffiS; ' ... .. i i 31 ( 42) a suit for contribution by a sharer In joint property m respect of a payment rna je by him of money due from a co- sharer, or by a manager of JOint property or a member of an undiVIded family m respect of a payment made by him on account of the property or family , (43) a suit by one of several joint mortgagor!:> of Immovable property for contribution m respect of money paid by him for the redemption of the mortgaged property , (44) a suit agamst the Government to reLover money paid under protest In satisfactiOn of a claim made by a revenue authonty on account of an arrear of land revenue or of a demand recoverable as an arrear of land revenue ; (45) a sUit to recovf.:r property obtained by an act which I.:, or save for the provisions of Chapter IV of the Indian Penal Code (45 of 1860), would be, an offence punishable under Chapter XVII of the satd Code ; ( 46) a suit, the cogmzance whereof by a Court of Small Causes is barred by any enactment for the tune bemg 1n force,