Savings under Section 4 of the Code of Civil Procedure, 1908

Savings : Sections 4 of the Code of the Code of Civil Procedure, 1908 read as under :

# 4. 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 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.


ANALYSIS

The Code of Civil Procedure, 1908 (Code) was enacted to consolidate and amend the laws relating to the procedure of the Courts of Civil Jurisdiction. The Code includes rules contained in the Schedule appended thereto.

Section 3 provides for the hierarchy of the courts for the purposes of the said Code stating that 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.

Sub-section (1) of Section 4 of the Code provides for savings, which is subject to any provisions to the contrary. By Section 4 of the Code it is not to be inferred that the provisions thereof do not apply to proceedings under special or local laws, but only points out that where there is inconsistency, the rules of the Code shall not prevail.

# See Also : P.S. Sathappan (Dead) By Lrs vs Andhra Bank Ltd. [Supreme Court of India, 7 October, 2004]

Its plain language provides that when anything in the Civil Procedure Code is in conflict with anything in the special or local law or with any special jurisdiction or power conferred or any special form of procedure prescribed by or under any other law, the Code will not (in the absence of any specific provision to the contrary) prevail so as to override such inconsistent provisions in the special or local law.

# See Also : Sukuri Dibya And Ors. vs Hemalata Panda, 1999 I OLR 46 [Orissa High Court, 16 May 1990]

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