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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Preliminary: Sections 1 To 8

Section 7 CPC: Provincial Small Cause Courts

Bare Act text

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—

(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 [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.

Amendment notes

  1. Ins. by Act 4 of 1941, s. 2 and the Third Sch.
  2. Subs. by s. 2 and the Third Sch., ibid., for “under that Act”.
  3. Ins. by Act 2 of 1951, s. 5 (w.e.f. 1-4-1951).
  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 injunctions and interlocutory orders” .

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

This section lists provisions of the Code that do not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 or the Berar Small Cause Courts Law, 1905, or to Courts exercising a corresponding jurisdiction. The exclusions cover the parts of the Code on suits excepted from Small Cause cognizance, execution of decrees in such suits and execution against immovable property. They also cover section 9, sections 91 and 92, sections 94 and 95 to a stated extent, and sections 96 to 112 and 115.

Preliminary: Sections 1 To 8

  1. 1 Short title, commencement and extent
  2. 2 Definitions
  3. 3 Subordination of Courts
  4. 4 Savings
  5. 5 Application of the Code to Revenue Courts
  6. 6 Pecuniary jurisdiction
  7. 7 Provincial Small Cause Courts
  8. 8 Presidency Small Cause Courts