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Section 5: Application of the Code to Revenue Courts

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 4 All 158 Sections of Code of Civil Procedure Section 6

Legal Commentary & Landmark Judgments: Section 5

Section 5 empowers the State Government to apply the provisions of the CPC to Revenue Courts by notification, subject to such conditions and modifications as it deems fit.

  • Application to Revenue Courts: Where any Revenue Courts are governed by the Code in matters of procedure, the State Government may declare that any portions of those provisions shall not apply to those courts, or shall apply with modifications.
  • Revenue Court Definition: Defined as a court having jurisdiction under local law to entertain suits relating to the rent, revenue, or profits of land used for agricultural purposes.
  • Exclusion of Civil Court Domain: Revenue Courts do not include ordinary civil courts having original jurisdiction under Section 9.
Key Landmark Precedents:
  • State of U.P. v. District Registrar, (2006) 3 SCC 430: The Supreme Court noted that Section 5 regulates the extent to which civil court procedural rigor extends to rural agrarian and revenue courts.
  • Mohar Singh v. Devi Charan, (1988) 3 SCC 63: Affirmed that revenue courts follow general CPC principles where state land revenue codes are silent.
Courtroom Practice & Strategic Litigation Guidance:

In agricultural partition or mutation proceedings before the Tehsildar or Sub-Divisional Magistrate, check whether the State Government has notified CPC applicability under Section 5 to invoke discovery and temporary injunction rules.

Section 4 All 158 Sections of Code of Civil Procedure Section 6