Friday, 7 May 2021

Section 7 CPC - Code of Civil Procedure - Provincial Small Cause Courts.

 Section 7 CPC Description

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 Laws, 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

(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-

(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.

1. Ins. by Act 4 of 1941, sec. 2 and Sch. III.

2. Subs. by Act 4 of 1941, sec. 2 and Sch. III for "under that Act".

3. Ins. by Act 2 of 1951, sec. 5 (w.e.f. 1-4-1951)

4. Subs. by the Adaptation of Laws (no. 2) Order, 1956, for "Part B States".

5. Subs. by Act 1 of 1926, sec. 3, for "so far as they relate to injunctions and interlocutory Orders".

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