CPC Section 8 — Presidency Small Cause Courts
Civil
Summary
Most of the Code of Civil Procedure does not apply to cases in the Small Cause Courts of Calcutta, Madras, and Bombay, except for the specific sections listed and the Presidency Small Cause Courts Act of 1882. However, the High Court in each of these cities can issue a public notice to make certain other parts of the Code apply to those courts, as long as those parts do not conflict with the 1882 Act and may be modified as stated in the notice. Any rules that these High Courts previously made under section 9 of the 1882 Act are considered to have been validly created.
Official Text
Save as provided in sections 24, 38 to 41, 75, clauses (a),
(b) and (c), 76,77, 157 and 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 :
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, direct3 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.