JURISDICTION OF THE COURTS AND Res judicataCentral

Section 7 of The Code of Civil Procedure, 1908

Provincial Small Cause Courts.

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]--
1. (i)suits excepted from the cognizance of a Court of Small Causes;
2. (ii)the execution of decrees in such suits;
3. (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]--
1. (i)orders for the attachment of immovable property,
2. (ii)injunctions,
3. (iii)the appointment of a receiver of immovable property, or
4. (iv)the interlocutory orders to in clause (e) of section 94,] and sections 96 to 112 and 115.

Summary

This section lists parts of the civil law that do not apply to Provincial Small Cause Courts.
These courts cannot handle suits involving land or immovable property.
They are prohibited from issuing injunctions, which are court orders to stop someone from doing something.
They cannot appoint a person to manage property, known as a receiver, for land-related cases.
Most rules regarding appeals do not apply to these courts.

Practical examples

1Ramesh wants to sue a tenant for 5,000 rupees in unpaid rent in a small village. He goes to the Provincial Small Cause Court. The court can handle the money claim, but if he asks the court to permanently stop the tenant from entering the house, the court cannot do that under Section 7.

2Sita sues a carpenter for a bad table worth 2,000 rupees. The Provincial Small Cause Court decides the case. Because of Section 7, the carpenter usually cannot appeal this decision to a higher court in the same way he could in a regular civil suit.

FAQ

1. What is excluded from Provincial Small Cause Courts under Section 7 of The Code of Civil Procedure, 1908?

Under Section 7 of The Code of Civil Procedure, 1908, these courts cannot execute decrees against land or issue injunctions.

2. Can a Provincial Small Cause Court hear a case about land under Section 7 of the CPC?

No, Section 7 of the CPC excludes suits concerning immovable property from the authority of these courts.

3. Do Section 96 to 112 apply to Provincial Small Cause Courts according to Section 7 of the 1908 Code?

No, Section 7 of the 1908 Code specifically lists sections 96 to 112 as provisions that do not extend to these courts.

Test yourself

1.Under Section 7 of The Code of Civil Procedure, 1908, which of the following can a Provincial Small Cause Court NOT do?

2.Which section of the civil law is specifically excluded from Provincial Small Cause Courts by Section 7 of the Code?

3.Can a Provincial Small Cause Court appoint a receiver for land under Section 7 of the 1908 Act?

4.If Arjun loses a case in a Provincial Small Cause Court, can he always use Section 96 to appeal, according to Section 7?

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