Section 5 of the Code of Civil Procedure, 1908 deals with the applicability of the provisions of the Code to Revenue Courts which may be extracted thus:
5. 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 1*** 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 2*** 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.
- The words” with the previous sanction of the G. G. in C, ~ rep. by Act 38 of 1920, s. ‘2 and SchJ Pt. 1.
- The words .,with the sanction aforesaid” rep, by s, 2 and Sch. I, Pt., I, ibid.
Section 5 of the Code makes specific provision regarding the nature and manner of applicability of the Code to revenue courts and the revenue Court has also been defined in the said section.
It empowers the State Government to apply the provisions of the Code where any enactment is silent as to its applicability.
The provision makes clear that, excepting the Revenue Courts, all other Civil Courts would normally be governed by the provisions of the Code in the matter of procedure.
The importance of this section is that wherever the provisions of the Code of Civil Procedure are sought to be excluded by any special enactment which may be silent on the point, the State Government can by notification apply the provisions of the Code to Revenue courts.