Section 7 of CPC : Section 7: Provincial Small Cause Courts.

Explanation using Example

Example 1:

Scenario: Ramesh, a shop owner in Maharashtra, has a dispute with his supplier over a payment of ₹20,000. He decides to file a case in the Provincial Small Cause Court.

Application of Section 7:

• Ramesh's case is a small cause suit because it involves a relatively small amount of money.
• The provisions of the Code of Civil Procedure, 1908, that relate to suits excepted from the cognizance of a Court of Small Causes, the execution of decrees in such suits, and the execution of decrees against immovable property will not apply to Ramesh's case.
• Sections 9, 91, 92, 94, 95, 96 to 112, and 115 of the Code will also not apply to Ramesh's case as it is being heard in a Provincial Small Cause Court.

Example 2:

Scenario: Sita, a resident of Berar, has a legal dispute with her neighbor over the boundary of their properties. She wants to file a suit for an injunction to prevent her neighbor from encroaching on her land.

Application of Section 7:

• Since Sita's case involves immovable property and she is seeking an injunction, it cannot be heard by a Court constituted under the Berar Small Cause Courts Law, 1905.
• The provisions of the Code of Civil Procedure, 1908, that authorize orders for the attachment of immovable property, injunctions, the appointment of a receiver of immovable property, or interlocutory orders will not apply to her case in a Small Cause Court.
• Sita will need to file her case in a regular civil court that has the jurisdiction to handle such matters, as the Provincial Small Cause Courts do not have the authority to deal with cases involving immovable property or injunctions.

Example 3:

Scenario: Mohan, a tenant in a rented apartment in Gujarat, has a dispute with his landlord over the non-return of his security deposit amounting to ₹15,000. He decides to approach the Small Cause Court for resolution.

Application of Section 7:

• Mohan's case is a small cause suit because it involves a relatively small amount of money and pertains to a landlord-tenant dispute.
• The provisions of the Code of Civil Procedure, 1908, that relate to suits excepted from the cognizance of a Court of Small Causes, the execution of decrees in such suits, and the execution of decrees against immovable property will not apply to Mohan's case.
• Sections 9, 91, 92, 94, 95, 96 to 112, and 115 of the Code will also not apply to Mohan's case as it is being heard in a Provincial Small Cause Court.