Section 8 CPC: Presidency Small Cause Courts

Section 8 of the Code of Civil Procedure, 1908 explains which provisions of the CPC apply to Presidency Small Cause Courts and how the relevant High Courts may extend other provisions by notification.

Text of Section 8 CPC - Presidency Small Cause Courts

The statutory wording retains the historical names Calcutta, Madras and Bombay; the corresponding cities are now known as Kolkata, Chennai and Mumbai. The effect of amendments, local legislation and applicable court notifications must also be checked.

Meaning and purpose of Section 8

Section 8 creates a special procedural arrangement for the Presidency Small Cause Courts. As a general rule, provisions in the body of the CPC do not automatically apply to their suits and proceedings. The section then identifies particular CPC provisions that remain applicable, subject to the governing law, and permits specified High Courts to extend other compatible provisions by Gazette notification.

The expression body of the Code refers to the numbered sections of the CPC, as distinct from the rules and orders in its First Schedule. The application of the First Schedule and court-made procedural rules must be determined under the relevant legislation and rules rather than inferred solely from Section 8.

CPC provisions expressly saved by Section 8

• Section 24: general power of the High Court or District Court to transfer or withdraw suits, appeals or other proceedings, subject to its terms.
• Sections 38 to 41: provisions concerning the court by which a decree may be executed, transfer of decrees for execution and certification of the result.
• Section 75(a), (b) and (c): powers to issue commissions for examining persons, making local investigations and examining or adjusting accounts.
• Sections 76 and 77: commissions to another court and letters of request.
• Sections 157 and 158: continuance of orders made under repealed enactments and references to repealed enactments.

These are statutory exceptions to the general exclusion. Their practical operation must be read with the Presidency Small Cause Courts Act, 1882 and any applicable amendments or notifications.

High Court notifications under the first proviso

The first proviso permits the High Courts historically identified in Section 8 to extend additional provisions from the body of the CPC to relevant suits or proceedings. Such an extension requires a notification in the Official Gazette. The notification may specify classes of proceedings and modifications or adaptations, but the extended provisions cannot be inconsistent with express provisions of the Presidency Small Cause Courts Act, 1882.

Validation of earlier rules under the second proviso

The second proviso validates rules previously made by the named High Courts under Section 9 of the Presidency Small Cause Courts Act, 1882. Its function is to preserve the validity of those earlier rules, not to make every CPC provision automatically applicable.

Section 7 and Section 8 CPC: distinction

Section 7 CPC addresses Provincial Small Cause Courts and identifies specific exclusions. Section 8 concerns the Presidency Small Cause Courts and starts from a broader exclusion of the body of the CPC, subject to expressly saved provisions, the 1882 Act and permitted notifications. The correct provision depends on the court and the applicable local legal framework.

Practical application

Before relying on a CPC provision in a proceeding before a Presidency Small Cause Court, identify the court, check whether Section 8 expressly saves that provision, consult the applicable provisions of the 1882 Act, and verify any High Court notification or local amendment. For example, a party seeking transfer of a proceeding should examine Section 24 CPC and the relevant court-specific law; it would be unsafe to assume that every ordinary civil-court procedure applies unchanged.

Frequently asked questions

Does the entire CPC apply to Presidency Small Cause Courts?

No. Section 8 generally excludes the body of the CPC, while preserving named provisions and allowing other compatible provisions to be extended in the prescribed manner.

Can a High Court extend CPC provisions to these courts?

Yes. The first proviso permits the specified High Courts to do so by Official Gazette notification, subject to the restrictions stated in Section 8.

Are Presidency and Provincial Small Cause Courts governed by the same CPC provision?

No. Section 8 deals with Presidency Small Cause Courts, whereas Section 7 addresses Provincial Small Cause Courts.

Official legal references

• India Code - official central legislation portal (search for the Code of Civil Procedure, 1908, Act 5 of 1908, Section 8).
• India Code - Presidency Small Cause Courts Act, 1882 (search for Act 15 of 1882 and check the applicable amendments).
• Calcutta High Court - official website.
• Madras High Court - official website.
• Bombay High Court - official website.

This article explains the central statutory framework. Local amendments, current court rules and notifications may affect a particular case. Consult the applicable official text before taking procedural steps.