Section 5 of CPC : Section 5: Application Of The Code To Revenue Courts

Explanation using Example

Imagine a farmer in the state of Uttar Pradesh is disputing the amount of land revenue he is being charged by the local revenue authority. He decides to challenge this in the Revenue Court. The procedure for such disputes is primarily governed by a specific state law. However, this state law does not cover a particular procedural issue that has arisen in the farmer's case. In this scenario, the provisions of the Code of Civil Procedure, 1908 (CPC) would typically come into play to fill the procedural gap, as per Section 5 of the CPC.

The State Government of Uttar Pradesh, using its powers under Section 5, may issue a notification stating that a particular procedure from the CPC will apply to the Revenue Courts with certain modifications to better suit the local context. For example, the State Government might modify the rules regarding the filing of documents to streamline the process for revenue-related disputes. This flexibility allows Revenue Courts to function efficiently while ensuring that the legal process is followed even when the specific state law is silent on certain procedural aspects.