Section 7 Code of Civil Procedure,1908- Provincial Small Cause Courts
By Joy Puri
Table of Contents
Introduction
The Code of Civil Procedure 1908 refers to the legal document that entails us as to how the civil cases in India will be handles and the related provisions regarding the procedures of the antecedent.
The aforementioned provision comes under the main body if the of the Code of Civil Procedure 1908 and is a vital provision in regards to outlining and highlighting the applicability of the court in the certain matters.
Section 7 of the Code Of Civil Procedure, 1908
7. Provincial Small Cause Courts-
The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under the Berar Small Cause Courts Laws, 1905, or to Courts exercising the jurisdiction of a Court of Small Causes under the said Act or Law or to Courts in 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 95 so 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 in clause (e) of section 94 and sections 96 to 112 and 115
Landmark Judgements
Pedda Venkata v Subba, 1959
Scope of section 17(1) and section 25 Prov Small Cause Courts Act- Powers of revision
Central Bank of India v Smt. Kamalabai A 1990
The provisions regarding injunctions in the CPC do not extend to the Court of Small Causes
Kalna Mun v Prov, 1950
Jurisdiction of Small Cause Court to try a suit is not controlled by its want of jurisdiction to execute a decree against immovable property.
Esthappan v Anna, 1953
Meaning of “courts in Part B States exercising corresponding jurisdiction
S Sunil Kumar v P Prakash, 2005
A decree passed by a Court of Small Causes can be transferred to a Civil Court and that decree can be executed by sale of immovable property of the JD
Sohan Lal v Sadhu Ram, 2003
The Court would not dismiss JD’s objection about in-executability of decree without framing issue and giving opportunity to parties to adduce evidence
Mohinder Singh Vs Jagjit Singh, 1960
Pecuniary Jurisdiction of the court depends upon the value of the right claimed in the litigation and this value has nothing to do with the amount decreed or with the form of decree ultimately passed in case unless there is any statutory provision which makes the jurisdictional value of the suit depend on the amount decreed or the form of the decree.
Interpretation of Section 7 of the provision
The antecedent section of the Code of Civil Procedure, 1908 states that certain classes of the suits in the country albeit governed by a separate legislation, the provisions thereof don’t apply to them.
The section opined that the special laws are enforced for the peculiar subjects for example insolvency, bankruptcy therefore their codes prevail over the Code of Civil Procedure.
Conclusion
The aforementioned provision thereby serves as the reminder for the specialized system in the country which has to be followed.
The steps like these in the country enhance the efficiency and the administration of Justice in the country.
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