Home  /  Code of Civil Procedure  /  Section 70

Section 70: Rules of procedure [Repealed]

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 69 All 158 Sections of Code of Civil Procedure Section 71

Legal Commentary & Landmark Judgments: Section 70

Section 70 of the Code of Civil Procedure, 1908 historically regulated the rule-making powers of the State Government regarding execution of decrees transferred to the Collector, prior to its formal repeal by the Code of Civil Procedure (Amendment) Act, 1956 (Act 66 of 1956).

  • Statutory Repeal and Transition: Formally repealed by Section 14 of the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), ending the historical system of delegating execution to revenue Collectors.
  • Abolition of Revenue Collector Execution: Dismantled the pre-1956 regime where civil courts transferred execution of decrees involving agricultural land to the Collector, restoring exclusive execution authority to civil courts under Order XXI.
  • Preservation of Substantive Rights: Ensured that pending execution proceedings initiated under old Section 70 notifications were transitioned smoothly without extinguishing decree-holder rights.
Key Landmark Precedents:
  • Mahadeo Prasad Singh v. Ram Lochan (1980) 4 SCC 354: Supreme Court discussed the legislative rationale behind repealing Sections 68 to 72, confirming the consolidation of execution jurisdiction in civil executing courts.
  • Phoolchand v. Gopal Lal AIR 1967 SC 1470: Supreme Court affirmed that post-1956 amendment, executing civil courts retain uninterrupted authority to execute partition and land decrees without Collector intervention.
  • Ganga Hire Purchase Pvt. Ltd. v. State of Punjab (1999) 5 SCC 670: Supreme Court expounded on the legal principles governing the repeal of execution delegations and transitional statutory savings under Section 6 of the General Clauses Act.
Courtroom Practice & Strategic Litigation Guidance:

In historical execution and title investigations where an ancestral property sale was executed prior to 1956, verify whether the sale followed State Government rules framed under Section 70; modern executions of agricultural land decrees must proceed strictly under Order XXI Rule 54 and 64 before the Civil Court.

Section 69 All 158 Sections of Code of Civil Procedure Section 71