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What is Pecuniary jurisdiction? What are Provincial Small Cause Courts? What is Presidency Small Cause Courts? Section 6, 7, and 8 of Code of Civil Procedure 1908

Pecuniary jurisdiction, Provincial Small Cause Courts and Presidency Small Cause Courts are defined under Section 6, 7, and 8 of Code of Civil Procedure 1908. Provisions under these Sections are:


Section 6 of Code of Civil Procedure 1908 "Pecuniary jurisdiction"

Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.


Section 4 of 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, { Act 4 of 1941, s.2 and Sch.III.} [or under the Berar Small Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes {Subs., ibid., for " under that Act ".} [under the said Act or Law], { Act 2 of 1951, s.5.} [or to Courts in Part B States 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

(b) the following sections, that is to say-

section 9,

sections 91 and 92,

sections 94 and 95 {Subs. by Act 1 of 1926, s.3, for "so far as they relate to injunctions and interlocutory orders".} [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 referred to in clause (e) of section 94], and sections 96 to 112 and 115.


Section 8 of 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, 77 and 155 to 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:

{ Act 1 of 1914, s.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, direct {For instance of such direction, see Calcutta Gazette, 1910, Pt.I, p 814.} 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.]


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