Section 8 CPC — Presidency Small Cause Courts

Introduction

Section 8 of the Code of Civil Procedure, 1908 deals with the application of the CPC to Presidency Small Cause Courts. It provides that, subject to specified exceptions and the provisions of the Presidency Small Cause Courts Act, 1882, the provisions contained in the body of the CPC do not extend to suits or proceedings before Courts of Small Causes established in the towns of Calcutta, Madras and Bombay.

The provision reflects the special procedural character of Presidency Small Cause Courts. Instead of applying the ordinary CPC in its entirety, Section 8 gives primacy to the special statutory framework governing these courts while preserving the application of particular CPC provisions expressly mentioned in the Section.

The provision also allows the concerned High Courts to extend additional CPC provisions to Small Cause Court proceedings by notification, subject to the conditions laid down in the proviso.

Section at a Glance

Particular	Details
Section	Section 8 CPC
Subject	Presidency Small Cause Courts
Nature	Procedural and exclusionary
Main purpose	Limits the application of the CPC to Presidency Small Cause Courts
Principal statute	Presidency Small Cause Courts Act, 1882
Courts covered	Small Cause Courts established in Calcutta, Madras and Bombay
Important feature	Specific CPC provisions continue to apply
Related provision	Section 7 CPC

Statutory Provision

Section 8 CPC provides that, except as otherwise provided in specified CPC provisions and by the Presidency Small Cause Courts Act, 1882, the provisions in the body of the CPC shall not extend to suits or proceedings in a Court of Small Causes established in Calcutta, Madras and Bombay.

The Section specifically preserves the application of:

• Section 24;
• Sections 38 to 41;
• Section 75;
• clauses (a), (b) and (c) of Section 76;
• Sections 77, 157 and 158; and
• provisions of the Presidency Small Cause Courts Act, 1882.

Thus, Section 8 does not completely exclude the CPC. It establishes a general rule of exclusion while expressly preserving certain provisions.

Meaning of Section 8 CPC

In simple terms:

The ordinary provisions of the CPC do not automatically apply to suits and proceedings before Presidency Small Cause Courts. Only the provisions preserved by Section 8, the Presidency Small Cause Courts Act, 1882, and any CPC provisions validly extended by the High Court will apply.

The provision therefore recognises the special nature of Small Cause Court proceedings.

The ordinary civil procedure applicable before regular civil courts cannot simply be assumed to apply to a Presidency Small Cause Court.

Purpose and Object of Section 8

The main purpose of Section 8 is to maintain a special procedural regime for Presidency Small Cause Courts.

The provision seeks to:

• preserve the specialised procedure applicable to Small Cause Courts;
• prevent the automatic application of the entire CPC;
• identify the CPC provisions that continue to apply;
• give effect to the special provisions of the Presidency Small Cause Courts Act, 1882; and
• permit the concerned High Courts to extend additional CPC provisions where appropriate.

The legislative approach is therefore one of limited and controlled application of the CPC.

Essential Requirements of Section 8

1. The proceeding must be before a qualifying Small Cause Court

Section 8 applies to a Court of Small Causes established in the towns of:

• Calcutta;
• Madras; and
• Bombay.

These names reflect the terminology used in the CPC and the historical statutory framework governing the Presidency Small Cause Courts.

2. The proceeding must be a suit or proceeding before such court

The exclusion applies to suits or proceedings in the specified Small Cause Courts.

3. The relevant CPC provision must not fall within the preserved exceptions

The general rule is that the body of the CPC does not extend to such proceedings, subject to the provisions expressly preserved by Section 8.

4. The Presidency Small Cause Courts Act must also be considered

The special Act governing these courts operates alongside Section 8 and may provide for matters that would otherwise be governed by ordinary civil procedure.

CPC Provisions Specifically Preserved by Section 8

Section 8 expressly saves the application of certain CPC provisions.

Section 24

Section 24 deals with the general power of transfer and withdrawal.

It is one of the provisions expressly saved by Section 8.

Sections 38 to 41

These provisions deal with aspects of the execution of decrees, including the court by which a decree may be executed and matters relating to execution where the decree or parties are connected with different courts.

Their preservation under Section 8 is significant because execution may require coordination between courts.

Section 75

Section 75 concerns the power of the court to issue commissions in specified circumstances.

It is expressly preserved by Section 8.

Clauses (a), (b) and (c) of Section 76

Section 76 deals with commissions issued by one court to another in certain circumstances.

Section 8 specifically preserves clauses (a), (b) and (c) of Section 76.

Sections 77, 157 and 158

These provisions are also expressly saved by Section 8.

The important examination point is that Section 8 does not simply say that “some provisions” remain applicable; it identifies the particular provisions that are preserved.

High Court’s Power Under the Proviso

The proviso to Section 8 gives an important power to the concerned High Courts.

The High Courts of Judicature at Fort William, Madras and Bombay, as applicable, may by notification in the Official Gazette direct that additional provisions of the CPC should extend to suits or proceedings, or a class of suits or proceedings, before the relevant Small Cause Court.

However, such provisions must:

1. not be inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882; and
2. operate with the modifications and adaptations specified in the notification.

This ensures that the CPC can be applied to Small Cause Court proceedings where appropriate without overriding the special statutory framework.

Effect of the High Court’s Notification

The proviso creates a controlled mechanism for extending CPC provisions.

Therefore, a provision that ordinarily does not extend to a Presidency Small Cause Court under Section 8 can become applicable where the concerned High Court validly directs its application through the prescribed notification.

The notification may also specify modifications and adaptations. Consequently, the provision need not necessarily operate in exactly the same manner as it does before an ordinary civil court.

Saving of Earlier Rules

The second part of the proviso provides that rules previously made by the relevant High Courts under Section 9 of the Presidency Small Cause Courts Act, 1882 shall be deemed to have been validly made.

This provision preserves the validity of the earlier procedural rules made under the special legislation.

How Section 8 CPC Works

The practical operation of Section 8 can be understood as follows:

1. Identify whether the matter is before a Presidency Small Cause Court covered by Section 8.
2. Start with the general rule that the provisions in the body of the CPC do not extend to the proceeding.
3. Check whether the provision in question is expressly saved by Section 8.
4. Examine the Presidency Small Cause Courts Act, 1882.
5. Check whether the concerned High Court has extended the relevant CPC provision by notification.
6. If a notification applies, examine any modifications or adaptations specified in it.

This approach prevents the automatic application of ordinary CPC procedure to a special Small Cause Court proceeding.

Section 8 and the Presidency Small Cause Courts Act, 1882

The Presidency Small Cause Courts Act, 1882 is central to understanding Section 8.

The Act contains provisions concerning matters such as:

• constitution of the Small Cause Courts;
• appointment of judges;
• procedure and practice;
• distribution of business;
• new trials and appeals;
• recovery of possession of immovable property;
• references to High Courts; and
• other matters concerning Small Cause Court proceedings.

Section 8 therefore operates alongside the special Act rather than replacing it.

Where the special Act provides a particular procedure, that statutory framework must be respected.

Section 8 and Section 7 CPC

Section 7 and Section 8 deal with different categories of Small Cause Courts.

Basis	Section 7	Section 8
Subject	Provincial Small Cause Courts	Presidency Small Cause Courts
Principal statute	Provincial Small Cause Courts Act, 1887	Presidency Small Cause Courts Act, 1882
Nature	Excludes specified CPC provisions	Generally excludes the body of the CPC subject to specified savings
Courts covered	Courts falling within the Provincial Small Cause Court framework	Small Cause Courts established in Calcutta, Madras and Bombay
Special feature	Specific exclusions	Specific savings and High Court power to extend provisions

The basic similarity is that both provisions recognise the special procedural character of Small Cause Courts.

The important difference is the statutory framework and drafting approach used in each provision.

Judicial Interpretation

Dhulabhai v. State of Madhya Pradesh

Principle: The Supreme Court laid down important principles concerning exclusion of civil court jurisdiction and the relationship between ordinary civil jurisdiction and special statutory forums.

Relevance to Section 8: Although not confined exclusively to Section 8, the principles concerning special statutory jurisdiction are useful when analysing the relationship between ordinary civil procedure and a special statutory court such as a Small Cause Court.

Karan Singh v. Chaman Paswan

Principle: The Supreme Court distinguished different types of jurisdictional defects and examined the consequences of objections relating to jurisdiction.

Relevance to Section 8: The case is useful in understanding that jurisdictional questions must be examined with reference to the statutory framework governing the particular court rather than by applying a general assumption about civil court jurisdiction.

Practical Examples

Example 1

A party appearing before a Presidency Small Cause Court seeks to rely upon an ordinary CPC provision governing a particular procedural step.

The first question is whether that provision is one of the provisions expressly saved by Section 8. If it is not, the party must examine whether the provision has subsequently been extended to the Small Cause Court by a valid High Court notification.

Example 2

Suppose the relevant High Court has issued a notification extending a particular CPC provision to a class of proceedings before the Small Cause Court.

That provision can apply, but only subject to the modifications and adaptations contained in the notification and provided it is not inconsistent with the Presidency Small Cause Courts Act, 1882.

Example 3

A litigant assumes that because a procedure is available before an ordinary civil court, it must also be available before a Presidency Small Cause Court.

That assumption is incorrect. Section 8 establishes a special rule under which the ordinary CPC does not automatically extend to such proceedings.

Common Confusions About Section 8

Section 8 does not exclude the entire CPC without exception

The Section expressly preserves several CPC provisions.

Therefore, it is incorrect to state simply that “the CPC does not apply to Presidency Small Cause Courts.”

The correct statement is that the body of the CPC generally does not extend to such proceedings subject to the express savings and other provisions recognised by Section 8.

Section 8 is different from Section 7

Section 7 deals with Provincial Small Cause Courts, while Section 8 deals with Presidency Small Cause Courts.

High Court notification is important

The proviso allows the relevant High Court to extend otherwise inapplicable CPC provisions to Small Cause Court proceedings, subject to statutory limitations.

Therefore, when determining the applicability of a CPC provision, the existence of a relevant notification may have to be examined.

Practical Importance in Civil Litigation

Section 8 is particularly relevant to advocates practising before courts exercising Presidency Small Cause jurisdiction.

Before relying upon a provision of the CPC, the practitioner should determine:

• whether Section 8 applies to the proceeding;
• whether the CPC provision is expressly saved;
• whether the Presidency Small Cause Courts Act, 1882 contains a special rule;
• whether the concerned High Court has extended the CPC provision by notification; and
• whether any modifications or adaptations have been prescribed.

This avoids importing ordinary civil procedure into a proceeding governed by a specialised statutory framework.

Importance for Law Students and Judiciary Exams

The central examination point is:

Section 8 CPC generally excludes the body of the CPC from suits and proceedings before Presidency Small Cause Courts, subject to expressly saved provisions, the Presidency Small Cause Courts Act, 1882, and CPC provisions extended by the concerned High Court through notification.

Students should remember the principal saved provisions:

• Section 24;
• Sections 38 to 41;
• Section 75;
• clauses (a), (b) and (c) of Section 76;
• Sections 77, 157 and 158.

The proviso permitting the High Court to extend additional provisions, with modifications and adaptations, is equally important.

Important Questions to Prepare

1. What is the object of Section 8 CPC?
2. To which courts does Section 8 apply?
3. Which provisions of the CPC are expressly saved by Section 8?
4. Does the entire CPC become inapplicable to Presidency Small Cause Courts?
5. Explain the power of the High Court under the proviso to Section 8.
6. What is the significance of the Presidency Small Cause Courts Act, 1882?
7. Distinguish Section 7 from Section 8 CPC.
8. Explain the effect of a High Court notification under Section 8 CPC.

Key Legal Principles

1. Section 8 establishes a general exclusion

The provisions in the body of the CPC do not ordinarily extend to suits or proceedings before the Presidency Small Cause Courts covered by the Section.

2. The exclusion is subject to express savings

Sections 24, 38 to 41, 75, clauses (a), (b) and (c) of Section 76, and Sections 77, 157 and 158 are expressly preserved.

3. The special statute remains important

The Presidency Small Cause Courts Act, 1882 governs the special jurisdiction and procedure of these courts and must be read alongside Section 8.

4. The High Court can extend CPC provisions

The concerned High Court may extend otherwise inapplicable CPC provisions by notification, provided they are not inconsistent with the special Act and subject to specified modifications and adaptations.

5. Section 8 does not abolish the use of the CPC

The correct approach is to determine which CPC provisions apply and which do not, rather than assuming that the entire Code is either applicable or inapplicable.

Key Takeaways

Concept	Principle
Section	Section 8 CPC
Subject	Presidency Small Cause Courts
General rule	Body of CPC does not ordinarily extend to proceedings before these courts
Main statute	Presidency Small Cause Courts Act, 1882
Saved provisions	Sections 24, 38–41, 75, 76(a)–(c), 77, 157 and 158
High Court power	Additional CPC provisions may be extended by notification
Condition	Such provisions must not be inconsistent with the special Act
Modification	High Court may prescribe modifications and adaptations
Related provision	Section 7 CPC

ALSO READ: Section 7 – Provincial Small Cause Courts

Conclusion

Section 8 CPC establishes a special rule for Presidency Small Cause Courts by restricting the automatic application of the ordinary CPC. The provision preserves certain CPC sections, recognises the overriding importance of the Presidency Small Cause Courts Act, 1882, and permits the concerned High Courts to extend additional CPC provisions through notification.

For examination purposes, the key point is that Section 8 creates a controlled exclusion of the CPC, not an absolute prohibition on applying the Code to Presidency Small Cause Court proceedings.