Section 44 of The Presidency Small Cause Courts Act, 1882
Any such order shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before the hour of six in the afternoon upon the property named therein, with such assistants, as he thinks necessary, and giving possession of such property to the applicant: and no suit or prosecution shall be maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid was issued, or against any bailiff or other person by whom the same was executed, or by whom any such summons as aforesaid was served, for the issue, execution or service of any such order or summons, by reason only that the applicant was not entitled to the possession of the property.
Summary
- It gives the bailiff, a court enforcement officer, the legal authority to enter the specified property to deliver possession to the applicant.
- It strictly limits the hours of entry, allowing the bailiff to enter only between six in the morning and six in the afternoon.
- It authorizes the bailiff to bring along any assistants they consider necessary to carry out the possession order.
- It provides complete legal protection to judges and court officers who issued the eviction order or summons.
- It immunizes bailiffs and service officers from any lawsuits or criminal prosecutions arising from the execution or service of the order, even if it is later discovered that the applicant had no legal right to the property.
Practical examples
FAQ
1. What are the authorized hours for a bailiff to enter property under Section 44 of The Presidency Small Cause Courts Act, 1882?
Under Section 44 of The Presidency Small Cause Courts Act, 1882, the bailiff may enter the property after six in the morning and before six in the afternoon.
2. Can a bailiff bring assistants to help with eviction under Section 44 of The Presidency Small Cause Courts Act, 1882?
Yes, under Section 44 of The Presidency Small Cause Courts Act, 1882, the bailiff is authorized to enter the property with such assistants as he thinks necessary.
3. Are court officials protected from lawsuits under Section 44 of The Presidency Small Cause Courts Act, 1882?
Yes, Section 44 of The Presidency Small Cause Courts Act, 1882 completely bars any suit or prosecution against a Judge, officer, or bailiff of the court for issuing, serving, or executing an order, even if the applicant was not entitled to the property.
4. Can an occupant sue a bailiff for trespass if the eviction order was wrongful under Section 44 of The Presidency Small Cause Courts Act, 1882?
No, under Section 44 of The Presidency Small Cause Courts Act, 1882, no lawsuit or prosecution is maintainable against the bailiff who executed the order, even if the applicant had no right to the property.
Test yourself
Q1.Under Section 44 of The Presidency Small Cause Courts Act, 1882, during what time range is a bailiff permitted to enter a property to enforce a possession order?
Q2.What assistants may a bailiff bring when entering a property under Section 44 of The Presidency Small Cause Courts Act, 1882?
Q3.If an occupant is evicted under a court order, and it is later found the applicant was not entitled to the property, who is protected from civil or criminal liability by Section 44 of The Presidency Small Cause Courts Act, 1882?
Q4.Under Section 44 of The Presidency Small Cause Courts Act, 1882, can a court bailiff be prosecuted for executing an eviction order that was based on a faulty application?