Code
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, direct that any such provisions not inconsistent with the express provisions of the Presidency Small Cause Courts Act, 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 shall be deemed to have been validly made.
Explanation of Section 8 CPC
Section 8 of the Code of Civil Procedure excludes the general provisions of the CPC from applying to Courts of Small Causes established in the Presidency towns—Calcutta, Madras, and Bombay (now Kolkata, Chennai, and Mumbai).
However, some exceptions are provided. These include:
- Section 24 – Transfer and withdrawal of suits
- Sections 38–41 – Execution of decrees
- Sections 75 (a, b, c) – Commissions
- Sections 76, 77, 157, and 158 – Procedural and transitional provisions
Additionally, High Courts have the power to extend the provisions of the CPC to such Presidency Small Cause Courts through a notification, provided that such extension is not inconsistent with the Presidency Small Cause Courts Act, 1882.
Purpose: To give autonomy and specialized summary procedure to Presidency Small Cause Courts, while allowing High Courts to adopt CPC provisions selectively.
Key Features
- CPC is generally not applicable to Presidency Small Cause Courts.
- Specific sections of CPC are made applicable.
- High Courts can notify additional provisions of CPC to apply with modifications.
- Existing rules made under Section 9 of the 1882 Act are protected and considered valid.
Illustration
Suppose Mr. R files a suit for recovery of ₹2,000 for unpaid laundry services in the Small Cause Court in Mumbai.
- The CPC does not apply to the procedure of this court by default.
- However, if the Bombay High Court has issued a notification applying Section 24 CPC (transfer of suits), Mr. R may seek a transfer of the suit to another competent small cause court if he believes the current court is biased.
- The Small Cause Court will still function mainly under the Presidency Small Cause Courts Act, 1882.
Common Questions Asked in Exams and Interviews
Q1. What is the main objective of Section 8 CPC?
To exclude the general provisions of CPC from applying to Presidency Small Cause Courts while providing limited exceptions and enabling High Courts to selectively extend CPC rules.
Q2. Which towns are considered Presidency towns for the purpose of Section 8?
Calcutta (Kolkata), Madras (Chennai), and Bombay (Mumbai).
Q3. Can High Courts apply CPC provisions to Presidency Small Cause Courts?
Yes. High Courts can issue notifications in the Official Gazette to extend CPC provisions, provided they are not inconsistent with the Presidency Small Cause Courts Act, 1882.
Q4. Is the execution of decrees allowed in Presidency Small Cause Courts?
Yes. Sections 38 to 41 CPC related to the execution of decrees are applicable to such courts.
Q5. What is the significance of Section 9 of the Presidency Small Cause Courts Act?
It empowers High Courts to make rules. Rules made under this section are deemed valid even after the enactment of CPC.
Conclusion
Section 8 CPC plays an important role in recognizing the special procedural framework that applies to Presidency Small Cause Courts. These courts follow their own rules under the 1882 Act, except where CPC provisions are specifically extended. This system ensures flexibility, judicial efficiency, and procedural uniformity where necessary, without burdening these courts with the comprehensive structure of the CPC.
