The Code of Civil Procedure, 1908
ARRANGEMENT OF SECTIONS
PRELIMINARY
Section 5: Application of the Code to Revenue Courts.
Bare Act
(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.
Simplified Act
(1) If Revenue Courts follow the rules in this Code for procedures where no special law applies, the State Government can announce in the Official Gazette that some parts of these rules will not apply to these courts, or will apply with changes as decided by t… Read the complete text with KanoonGPT Pro.
Explanation using examples
Example 1:
Scenario: A farmer, Mr. Sharma, has a dispute with his tenant over unpaid rent for agricultural land.
Application of Section 5: Mr. Sharma files a suit in the Revenue Court to recover the unpaid rent. The Revenue Court is governed by a special enactment that does not specify the procedure for certain aspects of the case, such as the timeline for filing evidence. In this situation, the provisions of the Code of Civil Procedure, 1908, will apply to fill in the procedural gaps. However, the State Government has issued a notification in the Official Gazette stating that certain provisions of the Code will not apply to Revenue Courts or will apply with modifications. For instance, the notification might state that the timeline for filing evidence in Revenue Courts is extended by 15 days compared to Civil Courts. Therefore, the Revenue Court will follow the modified timeline as prescribed by the State Government.
Example 2:
Scenario: Ms. Gupta, a landowner, wants to file a suit against the local government for incorrect revenue assessment on her agricultural land.
Application of Section 5: Ms. Gupta approaches the Revenue Court to challenge the revenue assessment. The special enactment governing the Revenue Court does not provide detailed procedures for filing appeals. In this case, the procedures outlined in the Code of Civil Procedure, 1908, will be applicable. However, the State Government has issued a notification stating that the appeal procedures in the Code will apply with certain modifications to Revenue Courts. For example, the notification might specify that appeals in Revenue Courts must be filed within 45 days instead of the 30 days provided in the Code. Ms. Gupta will need to follow this modified timeline for filing her appeal.
Example 3:
Scenario: A group of farmers files a suit in the Revenue Court for the distribution of profits from a jointly cultivated piece of agricultural land.
Application of Section 5: The Revenue Court is responsible for handling disputes related to the profits of agricultural land. The special enactment governing the Revenue Court does not specify the procedure for summoning witnesses. Therefore, the provisions of the Code of Civil Procedure, 1908, will be used to guide the process. However, the State Government has issued a notification stating that the provisions related to summoning witnesses in the Code will apply with modifications. For instance, the notification might state that witnesses in Revenue Courts can be summoned with a shorter notice period than in Civil Courts. The Revenue Court will follow this modified procedure to summon witnesses for the case.
Example 4:
Scenario: Mr. Verma, a tenant, files a suit in the Revenue Court against his landlord for an unfair increase in rent for agricultural land.
Application of Section 5: Mr. Verma's case is heard in the Revenue Court, which is governed by a special enactment that does not cover the procedure for submitting documentary evidence. In this situation, the Code of Civil Procedure, 1908, will apply to fill in the procedural gaps. However, the State Government has issued a notification stating that the provisions of the Code related to documentary evidence will apply with modifications. For example, the notification might specify that documentary evidence in Revenue Courts must be submitted in a specific format or within a different timeframe than in Civil Courts. Mr. Verma will need to comply with these modified requirements when submitting his evidence.
