SECTION 3, 4, 5 OF CODE OF CIVIL PROCEDURE 1908

What is Subordination of Courts, What is Savings? What is the Application of the Code to Revenue Courts? Section 3, 4, and 5 of Code of Civil Procedure 1908

Subordination of Courts, Savings and Application of the Code to Revenue Courts are defined under Section 3, 4, and 5 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 3 of Code of Civil Procedure 1908 "Subordination of Courts"

For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.

 

Section 4 of Code of Civil Procedure 1908 "Savings"

(1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special Jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force.

(2) In particular and without prejudice to the generality of the proposition contained in sub-section (1), nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land.

 

Section 5 of Code of Civil Procedure 1908 "Application of the Code to Revenue Courts"

(1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the State Government {The words " with the previous sanction of the G.G.in C." rep. by Act.38 of 1920, s.2 and Sch.I, Pt.I.} may, by notification in the Official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such modifications as the State Government {The words "with the sanction aforesaid" rep. by s.2 ancl Sch.I, Pt.I, ibid.} may prescribe.

(2) "Revenue Court" in sub-section (1) means a Court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code to try such suits or proceedings as being suits or proceedings of a civil nature.

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