Code of Civil Procedure 1908, Section 7, Provincial small cause Courts,Civil Procedure Code (V of 1908).

Code of Civil Procedure 1908

Provincial small cause Courts:-

Section 7:-

7. The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887, or to Courts exercising the jurisdiction of a Court of Small Causes Courts under the said Act , 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,-
sections 9,
sections 91 and 92.
sections 94 and 95 3[far as they authorize or relate to-'

(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 Li clause (e) of
section 94] and
sections 96 to 112 and 115.

Explanation, Illustration and Relevant Cases:

Judgment passed by Small Cause Court---Remedy against such judgment---Jurisdiction of District Judge--Scope---Where cases did not fall under any of the specified cases under Section 24 of Provincial Small Cause Courts Act, 1887, such cases were not subject to appeal before the District Judge but attracted the provisions of S.25 of Provincial Small Cause Courts Act, 1887---Review application under Section 25 of Provincial Small Cause Courts Act, 1887, before High Court was the only remedy available in circumstances. 2001 C L C 1352


Civil Procedure Code (V of 1908), section 5 and section 115 -- Revisional powers of High Court under Small Cause Courts Act --Such powers under Sections 25 of the Provincial Small Cause Courts Act, 1887 are quite wide and are not limited by conditions as contained in section 5 and section 115, Civil Procedure Code (V of 1908)--Where Small Causes Court had misread and mis-appreciated evidence on record while dismissing suit of applicant, High Court in exercise of revisional powers under Section 25 of the Provincial Small Cause Courts Act, 1887 set aside such order and decreed suit of applicant. 1988 CLC 1140

Civil Procedure Code, (V of 1908) Order VIII Rule. 6 Small Cause Court --Jurisdiction of-Counter claim-Cognizance of-Applicant Bank claiming damages for injury allegedly caused to it by respondent-Held: Suit for injury expressly having been excepted under clause 35 of Provincial Small Cause Courts Act, applicant's counter claims not to be entertain able by Small Cause Court. PLJ 1985 327