§ SECTION 7 · CPC 1908

Provincial Small Cause Courts

A list of CPC provisions that do not apply to a Provincial Court of Small Causes — a negative, exclusion rule.

The bare Act

The section in its own words. Bracketed phrases […] are words added or substituted by later amendments — the notes and timeline below give each one.

Section 7 · verbatim

The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887),¹ [or under the Berar Small Cause Courts Law, 1905,] or to Courts exercising the jurisdiction of a Court of Small Causes² [under the said Act or Law,]³ [or to Courts in⁴ [any part of India to which the said Act does not extend] exercising a corresponding jurisdiction,] that is to say,—

(a)

so much of the body of the Code as relates to—

(i)suits excepted from the cognizance of a Court of Small Causes;

(ii)the execution of decrees in such suits;

(iii)the execution of decrees against immovable property; and

(b)

the following sections, that is to say,— section 9, sections 91 and 92, sections 94 and 95⁵ [so far as they authorize or relate to—

Subs. by Act 1 of 1926

(i)orders for the attachment of immovable property,

(ii)injunctions,

(iii)the appointment of a receiver of immovable property, or

(iv)the interlocutory orders referred to in clause (e) of section 94,]

and sections 96 to 112 and 115.

1. Ins. by Act 4 of 1941, s. 2 and the Third Schedule.

2. Subs. by s. 2 and the Third Schedule, ibid., for “under that Act”.

3. Ins. by Act 2 of 1951, s. 5.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.

5. Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injunctions and interlocutory orders”.

In short: the listed CPC provisions do not apply to Small Cause Courts (under the 1887 Act, the Berar 1905 Law, or a corresponding jurisdiction). Excluded are (a) the parts of the Code on suits outside a Small Cause Court’s cognizance and on executing decrees / decrees against immovable property, and (b) named sections — § 9, §§ 91–92, §§ 94–95 (only as to attachment of immovable property, injunctions, receivers and the § 94(e) interlocutory orders), and §§ 96–112 and 115.

→ Small Cause Courts decide small suits quickly — so the Code’s heavy machinery (appeals §§ 96–112, revision § 115, and immovable-property process) is switched off for them.

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