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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 8 CPC: Presidency Small Cause Courts

Bare Act text

8. 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—

(1) 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, direct3 that any such provisions not inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882 (15 of 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;

(2) all rules heretofore made by any of the said High Courts under section 9 of the Presidency Small Cause Courts Act, 1882 (15 of 1882) shall be deemed to have been validly made.]

Amendment notes

  1. Subs. by Act 104 of 1976, s. 4, for “77 and 155 to 158” (w.e.f. 1-2-1977).
  2. Added by Act 1 of 1914, s. 2.

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

The body of the Code does not extend to suits or proceedings in the Courts of Small Causes in Calcutta, Madras and Bombay, except for sections 24, 38 to 41, 75 (clauses (a), (b) and (c)), 76, 77, 157 and 158 and as provided by the Presidency Small Cause Courts Act, 1882. The proviso lets the High Courts of Fort William, Madras and Bombay extend other provisions by notification, with modifications, to such Courts. Rules made earlier under section 9 of the 1882 Act are deemed valid.

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
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