Code of Civil Procedure • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 4 of Code of Civil Procedure: Savings
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(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 being in force.
Legal Commentary & Landmark Judgments: Section 4
Section 4 provides a broad saving clause, establishing that in the absence of any specific provision to the contrary, nothing in the CPC shall limit or affect any special or local law, special jurisdiction, or special form of procedure.
Special and Local Law Supremacy: In the absence of any specific provision to the contrary, nothing in the Code shall be deemed to limit or affect any special or local law.
Special Procedure Preservation: Preserves special forms of procedure prescribed by or under any other law for the time being in force (e.g., Rent Control Acts, RERA, Insolvency & Bankruptcy Code).
Revenue Jurisdiction Saving: Nothing in the Code shall limit or affect any remedy which a landholder or landlord has under any special law for the recovery of rent.
Key Landmark Precedents:
Imperia Structures Ltd. v. Anil Patni, (2020) 10 SCC 783: The Supreme Court held that special statutory remedies under the Consumer Protection Act and RERA operate independently of general CPC procedure by virtue of Section 4 savings.
Ethiopian Airlines v. Stic Travels (P) Ltd., (2001) 7 SCC 440: Affirmed that special procedures prescribed by specific commercial statutes prevail over general CPC provisions under Section 4.
Courtroom Practice & Strategic Litigation Guidance:
In rent or tenancy litigation governed by a state Rent Control Act, rely on Section 4 to argue that the special eviction procedure under the state statute overrides conflicting general CPC provisions.
Legal Commentary & Landmark Judgments: Section 4
Section 4 provides a broad saving clause, establishing that in the absence of any specific provision to the contrary, nothing in the CPC shall limit or affect any special or local law, special jurisdiction, or special form of procedure.
In rent or tenancy litigation governed by a state Rent Control Act, rely on Section 4 to argue that the special eviction procedure under the state statute overrides conflicting general CPC provisions.