Section 7

Provincial Small Cause Courts.

The Code of Civil Procedure, 1908

  • Act 5 of 1908
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

All sections
        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 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 to in clause (e) of section 94,] and sections 96 to 112 and 115.

Notes

1. Ins. by Act 4 of 1941, s. 2 and the Third Schedule.
2. Subs. by s. 2 and the Third Schedule., ibid., "for under that Act".
3. Ins. by Act 2 of 1951, s. 5.
4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States".
5. Subs. by Act 1 of 1926, s. 3, for "so far as they relate to injuctions and interlocutory orders".

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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