Tuesday, 5 January 2021

Provincial Small Cause Courts

Code of Civil Procedure Section 6. Pecuniary jurisdiction.

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) 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 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

Note 1: Ins. by Act 4 of 1941, s. 2 and the Third Schedule.

Note 2: Subs. by s. 2 and the Third Schedule, ibid., for “under that Act”.

Note 3: Ins. by Act 2 of 1951, s. 5.

Note 4: Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.

(b) the following sections, that is to say,— section 9, sections 91 and 92, sections 94 and 95 5[so far as they authorise 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.

Note 5: Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injections and interlocutory orders”.



Note: Code of Civil Procedure Section 

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