Sections 3, 4 and 5 of the Code of Civil Procedure, 1908

Sections 3, 4 and 5 of the Code of Civil Procedure, 1908 (CPC) deal respectively with subordination of Courts, savings for special and local laws, and the application of the Code to Revenue Courts.

Legal text reviewed: September 6, 2026. The central statutory provisions below should be read with applicable State amendments, High Court amendments and local laws where relevant.

Section 3 CPC

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.

In brief: Section 3 states the hierarchy of Civil Courts for the purposes of the CPC.

Section 4 CPC

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.

In brief: Section 4 preserves special or local laws, special jurisdictions, special powers and special procedures unless the CPC specifically provides otherwise.

Section 5 CPC

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 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 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.

In brief: Section 5 regulates how CPC procedure applies to Revenue Courts where the special enactment governing those Courts is silent on procedure.

Historical amendment notes to Section 5

The words "with the previous sanction of the G.G. in C." and "with the sanction aforesaid" were omitted from Section 5(1) by Act 38 of 1920, section 2 and the First Schedule, Part I.

Official reference: Code of Civil Procedure, 1908 - India Code. For litigation or professional use, also verify applicable State amendments, High Court rules and local enactments.