Presidency Small Cause Courts Act, 1882 · Chapter VII: Recovery of Possession of Immovable Property
Section 47: Stay of proceedings on occupant giving security to bring suit against applicant
Whenever on an application being made under section 41 the occupant binds himself, with two sureties, in a bond for such amount as the Small Cause Court thinks reasonable, having regard to the value of the property and the probable costs of the suit next hereinafter mentioned, to institute without delay a suit in the High Court against the applicant for compensation for trespass and to pay all the costs of such suit in case he does not prosecute the same or in case judgment therein is given for the applicant, the Small Cause Court shall stay the proceedings on such application until such suit is disposed of.
If the occupant obtains a decree in any such suit against the applicant, such decree shall supersede the order (if any) made under section 43.
Nothing contained in section 22 shall apply to suits under this section.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.