Section 7 CPC - Provincial Small Cause Courts

In brief: Section 7 of the Code of Civil Procedure, 1908 identifies provisions of the CPC that do not extend to Provincial Small Cause Courts and courts exercising corresponding small cause jurisdiction. These exceptions reflect the limited subject-matter jurisdiction and special procedural framework of such courts.

Text of Section 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 Law, 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:

suits excepted from the cognizance of a Court of Small Causes;
the execution of decrees in such suits;
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:
1. orders for the attachment of immovable property;
2. injunctions;
3. the appointment of a receiver of immovable property; or
4. the interlocutory orders referred to in clause (e) of section 94;
sections 96 to 112 and 115.

The text above is presented in readable formatting. Consult the official legislation and applicable state amendments for authoritative wording and local operation.

Meaning and purpose of Section 7 CPC

Provincial Small Cause Courts are specialised civil courts intended to deal with suits within the categories and monetary limits assigned by applicable legislation. Section 7 does not exempt them from the entire CPC. Instead, it identifies particular parts of the Code that do not apply to these courts in their small cause jurisdiction.

The precise suits that a Small Cause Court may hear are governed by the Provincial Small Cause Courts Act, 1887, including its Second Schedule and relevant state amendments, notifications and local enactments.

Explanation of Section 7(a): excluded matters and execution

1. Suits outside Small Cause Court jurisdiction

Provisions of the CPC concerning suits that a Small Cause Court is not empowered to entertain do not become applicable merely because the CPC generally governs civil procedure. The court must first have jurisdiction under the governing Small Cause Courts legislation.

2. Execution of decrees in excluded suits

Section 7(a)(ii) excludes provisions concerning execution of decrees in suits that fall outside small cause cognizance. The court cannot acquire execution powers for such excluded suits through general CPC provisions.

3. Execution against immovable property

Section 7(a)(iii) excludes the part of the Code dealing with execution of decrees against immovable property. Execution must follow the powers and procedure legally available to the relevant court, including any applicable transfer of the decree for execution.

Explanation of Section 7(b): CPC provisions excluded

Sections 9, 91 and 92 CPC

Section 9 generally concerns civil court jurisdiction, while Sections 91 and 92 deal with public nuisances and certain suits concerning public charitable or religious trusts. Section 7 prevents these general provisions from expanding the special jurisdiction of Provincial Small Cause Courts.

Sections 94 and 95 CPC: specified interim relief

These sections are excluded to the extent they authorise or relate to attachment of immovable property, injunctions, appointment of a receiver of immovable property, and the specified interlocutory orders under Section 94(e). The exclusion is qualified: it does not mean that every procedural or incidental power is automatically unavailable in every situation.

Sections 96 to 112 and Section 115 CPC

These provisions concern appeals and revision under the CPC. Their exclusion means that the ordinary CPC appeal and revision framework does not automatically govern small cause decisions. The governing Small Cause Courts Act supplies its own scheme, subject to applicable local modifications.

Appeal and revision of Small Cause Court decisions

Under the central Provincial Small Cause Courts Act, 1887, Section 24 addresses appeals from certain orders, Section 25 provides for revision of decrees and orders, and Section 27 deals with finality subject to that Act. State amendments may alter the competent revisional forum or other details. Consequently, an appeal under Section 96 CPC or a revision under Section 115 CPC should not be assumed available merely because a Small Cause Court has passed a decree.

Related legal provisions

Section 3 CPC: Subordination of civil courts, including Courts of Small Causes.
Section 4 CPC: Saving of special or local laws and special procedures.
Section 6 CPC: Pecuniary jurisdiction and monetary limits.
Section 8 CPC: Special application of the Code to Presidency Small Cause Courts.
Section 17 of the 1887 Act: Application of CPC procedure to Small Cause Courts, subject to statutory exceptions and modifications.
Section 25 of the 1887 Act: Revisional supervision, subject to state-specific amendments.

Practical illustration

Suppose a claim falls within the monetary limit of a local Small Cause Court, but the governing statute excludes that class of suit. The monetary value alone cannot make the claim cognizable by that court. Likewise, where a Small Cause Court issues a decree in a matter within its jurisdiction, the process for executing it against immovable property cannot be assumed to follow the ordinary CPC route in that court.

Frequently asked questions

Does the entire CPC apply to Provincial Small Cause Courts?

No. Section 7 expressly excludes identified CPC provisions, and the Provincial Small Cause Courts Act, 1887 supplies additional procedural rules.

Can a Small Cause Court grant an injunction?

Section 7 excludes Sections 94 and 95 insofar as they relate to injunctions. Any asserted power to grant relief must be examined under the governing statute, applicable rules and case law rather than presumed from the ordinary CPC provisions.

Is a regular first appeal available from every Small Cause Court decree?

No. Section 7 excludes CPC Sections 96 to 112. Review mechanisms must be identified under the applicable Small Cause Courts legislation and local amendments.

Official legal sources

For the authoritative statutory text and applicable amendments, refer to the Code of Civil Procedure, 1908 (India Code PDF) and the Provincial Small Cause Courts Act, 1887 (India Code PDF). State amendments and current local jurisdictional notifications should also be checked.

This article provides general legal information. The applicable state law, notifications and judicial decisions may affect jurisdiction and procedure in a particular case.