Sections 6, 7 and 8 of the Code of Civil Procedure, 1908
Sections 6, 7 and 8 of the Code of Civil Procedure, 1908 (CPC) deal with pecuniary jurisdiction, the application of the Code to Provincial Small Cause Courts, and the application of the Code to Presidency Small Cause Courts.
Pecuniary jurisdiction
Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits, if any, of its ordinary jurisdiction.
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:
- orders for the attachment of immovable property;
- injunctions;
- the appointment of a receiver of immovable property; or
- the interlocutory orders referred to in clause (e) of section 94;
- sections 96 to 112; and
- section 115.
Presidency Small Cause Courts
Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and (c), 76, 77, 157 and 158, and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), the provisions in the body of this Code shall not extend to any suit or proceeding in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay.
Provided that -
- the High Courts of Judicature at Fort William, Madras and Bombay, as the case may be, may from time to time, by notification in the Official Gazette, direct that any such provisions not inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882, and with such modifications and adaptations as may be specified in the notification, shall extend to suits or proceedings or any class of suits or proceedings in such Court; and
- all rules heretofore made by any of the said High Courts under section 9 of the Presidency Small Cause Courts Act, 1882 shall be deemed to have been validly made.
Important amendment notes
- Section 7 was amended at different times, including by Act 4 of 1941, Act 2 of 1951 and the Adaptation of Laws (No. 2) Order, 1956.
- In Section 7, the wording relating to sections 94 and 95 was substituted by Act 1 of 1926.
- In Section 8, "77, 157 and 158" was substituted for the earlier reference to "77 and 155 to 158" by the Code of Civil Procedure (Amendment) Act, 1976, with effect from February 1, 1977.
- The proviso to Section 8 was added by Act 1 of 1914.