JURISDICTION OF THE COURTS AND Res judicataCentral

Section 8 of The Code of Civil Procedure, 1908

Presidency Small Cause Courts.

Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and (c), 76,1[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 : 2[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. ]

Summary

This section applies to Small Cause Courts in major cities like Calcutta, Madras, and Bombay.
It limits which parts of the general civil law apply to these city courts.
High Courts in these cities have the power to decide which specific rules from the Code will apply to these courts.
Any existing rules made for these courts before this law started are still considered valid.
Like other small cause courts, they have a more direct and simplified process for handling minor disputes.

Practical examples

1Vijay is suing a business partner in Mumbai for a 3,000 rupee disagreement. He uses the Presidency Small Cause Court. Under Section 8, the High Court of Bombay has already set specific rules for how this court operates, so the full, complex Code of Civil Procedure might not apply.

2In Calcutta, a woman sues a shop for a 1,000 rupee refund. The shop tries to use a complicated procedural delay found in the general Code. The judge explains that under Section 8, many of those general sections do not apply to this city's Small Cause Court to keep things simple.

FAQ

1. Which cities are covered by Section 8 of The Code of Civil Procedure, 1908?

Section 8 of The Code of Civil Procedure, 1908, covers Small Cause Courts in Calcutta, Madras, and Bombay.

2. Who has the power to adapt Code rules for these city courts under Section 8 of the CPC?

Under Section 8 of the CPC, the High Courts of Judicature at Fort William, Madras, and Bombay can specify which provisions apply to these courts.

3. What happens to old rules for these courts under Section 8 of the 1908 Code?

Section 8 of the 1908 Code states that all rules previously made under the Presidency Small Cause Courts Act shall be deemed validly made.

Test yourself

1.Under Section 8 of The Code of Civil Procedure, 1908, which city is NOT mentioned as having a Presidency Small Cause Court?

2.According to Section 8 of the Civil Procedure Code, who can modify the rules for these specific courts?

3.What is the status of rules made before 1908 for these courts under Section 8 of the 1908 Act?

4.Based on Section 7 and Section 8, how do Small Cause Courts differ from regular courts?

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