Section 7 and 8 of Civil Procedure Code , 1908 deals with Small Causes
Courts. These Courts are purely a creation of Britishers. These are civil courts
per se and deals with those civil matters which are trivial in nature. Their
pecuniary jurisdiction is very small. The need of Small Causes Courts in present
day is to separate those civil matters which are petty or with very small
pecuniary jurisdiction from others to ensure speedy disposal of cases.
History Of Small Causes Courts:
East India Company was majorly a trading company , so inevitably upon its
arrival there was a surge in the economic transactions and ultimately growth in
civil matters cases. Thus , for the ease of doing justice small causes courts
were established by them .
Small causes courts are of two types:
- Presidency Small Causes Courts
These courts were started under Presidency Small Cause ACT, 1882 as a pilot
project and covered only the then three presidencies i.e. Bombay , Madras,
Calcutta. After seeing its success another act was made which covered
- Provincial Small Causes Courts
After seeing the five year long success of Presidency Small Causes ACT, 1882
another act was made which covered Provinces. This act was called Provincial
Small Causes ACT, 1887.
**In toto, there was no difference between the two acts except for its
territorial jurisdiction and the year of creation.
Relevance Of Small Causes Courts In Present Day vis-à-vis Civil
Procedure Code 1908
Civil procedure code, 1908 provides for these courts. Section 7 of the code
deals with Provincial small causes courts and section 8 of the code deals with
Presidency small causes courts. Though code contains provisions for these courts
but it is only for the purpose of declaring that where the code shall apply and
where it shall not apply.
Section 7 provides that Civil Procedure Code of 1908 shall apply to the
provincial small causes courts except in the matters of:
Section 8 dealing with Presidency Small Causes Courts provide that the
Code shall not apply to its proceding except in the matters of:
- Suits which are debarred from being taken cognizance of by small causes
court, their execution and the execution of immovable property.
- Section 9 , 91 and 92( of public nuisance), 94 and 95 ( so far as they
related to attachment of immovable property or appointment of its receiver,
injunctions ) , section 96-112( appeals) and 115(revision proceedings )
- Section 24( power of transfer of cases ), 38-41(execution ), those
dealing with commissions [ 75 (a) (b) (c) , 76 -77 ]
The difference the applicability of code in both of these similar courts is
that while the Presidency Small Cause ACT, 1882 is very comprehensive containing
everything from structure of court to procedure to be followed and nothing has
been left to the imagination, the Provincial Small Cause ACT, 1887 is not
comprehensive and contain various lacunae. Thus, primarily for smooth
functioning of the courts, CPC apply to provincial Small causes courts and not
to Presidency small causes courts.
In present day, small causes courts play a very vital role as it helps with ease
of procedure and brings down the burden of the courts in some way if not in