Section 7 – Provincial Small Cause Courts

The following rules do not apply to Courts set up under the Provincial Small Cause Courts Act, 1887, or the Berar Small Cause Courts Law, 1905, or to Courts that handle small cause cases under these laws, or to Courts in parts of India where these laws do not apply but have similar functions:

• (a) Parts of the main legal code that deal with -
  • (i) cases that Small Cause Courts are not allowed to handle;
  • (ii) carrying out court orders in those cases;
  • (iii) carrying out court orders against property that cannot be moved (like land or buildings);
• (b) The following sections of the law -
  • section 9,
  • sections 91 and 92,
  • sections 94 and 95, but only the parts that deal with -
    • (i) orders to take control of property that cannot be moved,
    • (ii) court orders to do or not do something (injunctions),
    • (iii) appointing someone to manage property that cannot be moved,
    • (iv) temporary court orders mentioned in section 94(e),
  • and sections 96 to 112 and 115.

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.