Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 38

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 38, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

    8. Presidency Small Cause Courts.—Save as provided in sections 24, 38 to 41, 75, clauses (a), (b)
and (c), 76, 1[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:
    2
     [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.]
                                                           PART I
                                                   SUITS IN GENERAL
                                          Jurisdiction of The Courts and res judicata
    9. Courts to try all civil suits unless barred.—The Courts shall (subject to the provisions herein
contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is
either expressly or impliedly barred.                                           e
    4
                                                                         od
      [Explanation I].—A suit in which the right to property or to an office is contested is a suit of a civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to religious
rites or ceremonies.
    5
                                                                   aC
     [Explanation II.—For the purposes of this section, it is immaterial whether or not any fees are attached
                                                             di
to the office referred to in Explanation I or whether or not such office is attached to a particular place.]
                                               STATE AMENDMENTS
                                                       In
   Maharashtra.—
   Section 9A of the Code of Civil Procedure, 1908, in its application to the State of Maharashtra
(hereinafter referred to as “the principal Act”), shall be deleted.
   [Vide Maharashtra Act 61 of 2018, sec. 2.]
   Notwithstanding the deletion of section 9A of the principal Act,—
   (1) where consideration of a preliminary issue framed under section 9A is pending on the date of
commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this
section, referred to as “the Amendment Act”), the said issue shall be deemed to be an issue framed under
Order XIV of the principal Act and shall be decided by the Court, as it deems fit, along with all other
issues, at the time of final disposal of the suit itself :
    Provided that, the evidence, if any, led by any party or parties to the suit, on the preliminary issue so
framed under section 9A, shall be considered by the Court along with evidence, if any, led on other issues
in the suit, at the time of final disposal of the suit itself ;
   (2) in all the cases, where a preliminary issue framed under section 9A has been decided, holding that
the Court has jurisdiction to entertain the suit, and a challenge to such decision is pending before a
revisional Court, on the date of commencement of the Amendment Act, such revisional proceedings shall
stand abated :




1. Subs. by Act 104 of 1976, s. 4, for “77 and 155 to 158” (w.e.f. 1-2-1977).
2. Added by Act 1 of 1914, s. 2.
3. For instance of such direction, see Calcutta Gazette, 1910, Pt. I, p. 814.
4. Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977).
5. Ins. by s. 5, ibid. (w.e.f. 1-2-1977).


                                                              38

Compare original page image