Section 5 of CPC : Section 5: Application of the Code to Revenue Courts.

Explanation using Example

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...

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