Section 7 of the Code of Civil Procedure, 1908 lays down that certain provisions in the body of the Code shall not apply to the Courts established under the Provincial Small Cause Courts Act, 1887 and the provisions shall not be extended to the Court of Small Causes. Section 7 of the Code provides as follows:
7. Provincial Small Cause Courts
The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 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 in 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.-
Sections 91 and 92,
Sections 94 and 95 5[so far as they authorize or relate to (i) orders for the attachment of immovable property;
(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.
- Ins. by Act 4 of 1941,11. 2 and Sch. III.
- Subs. Ibid., for “under that Act”
- Ins. by Act 2 of 1951, s. 5
- Subs, by the Adaptation of Laws (No. 21 Order, 1956, for “Part B States”.
- Subs. by Act I of 1926, s. 3 tor “so far as they relate to injuctions and interlocutory orders”
Whether a Provincial Small Cause Court has jurisdiction to order an attachment of immoveable property before judgment? [Barada Kanta Ray v. Sheikh Maijuddi, 82 Ind Cas 109]
Case Law Reference
- Naresh Kumar Gupta v. The 3Rd Addl. District Judge, AIR 1990 All. 23
- Shankarappa v. Puttamma, ILR 1987 Kar. 1145