Presidency Small Cause Courts
As a rule the Code does not apply to the Presidency Court of Small Causes — except a saved list of provisions.
The bare Act
The section in its own words — colour-keyed by what each phrase does. Bracketed words […] are later amendments; the notes and timeline below give each one.
Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and (c), 76,1 [77, 157 and 158,] and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), the provisions in the body of this Code shall not extend to any suit or proceeding in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay:
2 [Provided that—
1. Subs. by Act 104 of 1976, s. 4, for “77 and 155 to 158” (w.e.f. 1-2-1977).
2. Added by Act 1 of 1914, s. 2.
3. For instance of such direction, see Calcutta Gazette, 1910, Pt. I, p. 814.
In short: the body of the Code does not apply to the Presidency Small Cause Courts (Calcutta, Madras, Bombay) — except the specifically saved provisions (§§ 24, 38–41, 75, 76(a)–(c), 77, 157–158) and the Presidency Small Cause Courts Act, 1882. A 1914 proviso lets the three Presidency High Courts, by Gazette notification, extend chosen Code provisions to those Courts (with modifications), and validates rules already made under § 9 of the 1882 Act.
→ § 7 carves out the Provincial Small Cause Courts; § 8 does the same for the Presidency Small Cause Courts — but here the High Court may switch chosen provisions back on.
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