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Section 7: Provincial Small Cause Courts

The Code of Civil Procedure, 1908

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 Causes 2[under the said Act or Law], 3[or to Courts in 4[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 5[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.

Footnotes in the official text

  1. 1.Ins. by Act 4 of 1941, s. 2 and the Third Sch.
  2. 2.Subs. by s. 2 and the Third Sch., ibid., for “under that Act”.
  3. 3.Ins. by Act 2 of 1951, s. 5 (w.e.f. 1-4-1951).
  4. 4.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
  5. 5.Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injunctions and interlocutory orders” .

Questions on this section

1 question in 5 of our papers cite Section 7.

Practise questions on Civil Procedure Code