Home  /  Code of Civil Procedure  /  Section 8

Section 8: Presidency Small Cause Courts

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 7 All 158 Sections of Code of Civil Procedure Section 9

Legal Commentary & Landmark Judgments: Section 8

Section 8 regulates Presidency Small Cause Courts in Kolkata, Chennai, and Mumbai, empowering High Courts to extend CPC provisions to these courts with local adaptations.

  • Presidency Small Cause Jurisdiction: Applies to Presidency Small Cause Courts established in the presidency towns of Calcutta, Madras, and Bombay.
  • High Court Rule-Making: High Court may, by notification, declare that any provisions of the Code not expressly excluded shall apply to the Presidency Small Cause Court with modifications.
  • Summary Commercial Process: Governs high-volume commercial recovery and tenancy distress warrants in major commercial metropolises.
Key Landmark Precedents:
  • Rameshwar Dayal v. Banda, (1993) 1 SCC 531: The Supreme Court examined the limited jurisdiction of Presidency Small Cause courts under Section 8, affirming that title disputes are excluded from their summary purview.
  • State of Bombay v. F.N. Balsara, AIR 1951 SC 318: Referenced presidency judicial structures across state adaptations.
Courtroom Practice & Strategic Litigation Guidance:

In presidency rent recovery, check the local High Court notifications under Section 8 to verify whether specific discovery or interrogatory rules under Order 11 CPC have been made applicable.

Section 7 All 158 Sections of Code of Civil Procedure Section 9