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Section 71: Jurisdiction of Civil Courts barred [Repealed]

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 70 All 158 Sections of Code of Civil Procedure Section 72

Legal Commentary & Landmark Judgments: Section 71

Section 71 of the Code of Civil Procedure, 1908 historically governed the temporary suspension of execution sales of agricultural land by the Collector, prior to its formal repeal by the Code of Civil Procedure (Amendment) Act, 1956 (Act 66 of 1956).

  • Statutory Repeal by Act 66 of 1956: Formally repealed by Section 14 of the Code of Civil Procedure (Amendment) Act, 1956, abolishing the Collector's discretionary power to postpone sales of agricultural land.
  • Restoration of Civil Court Supremacy: Eliminated dual execution jurisdictions, ensuring that debtor protections, stays, and installment plans are adjudicated exclusively by Civil Courts under Order XXI Rule 26 and Order XX Rule 11.
  • Subordination of Revenue Inquiries: Removed executive discretion in decree satisfaction, requiring all execution objections regarding debtor distress to be raised under Section 47 of the Code.
Key Landmark Precedents:
  • Mahadeo Prasad Singh v. Ram Lochan (1980) 4 SCC 354: Supreme Court affirmed that the repeal of Sections 68-72 eliminated parallel revenue proceedings, centralizing execution oversight in the executing court.
  • V. Ramaswami Aiyangar v. T.N.V. Kailasa Thevar AIR 1951 SC 189: Supreme Court examined the historical operation of debt relief and temporary postponement of agricultural property sales under pre-amendment execution law.
  • Hiralal Patni v. Kali Nath AIR 1962 SC 199: Supreme Court highlighted that the competence and jurisdiction of the executing court under Section 47 are paramount in all execution disputes.
Courtroom Practice & Strategic Litigation Guidance:

Judgment-debtors seeking temporary relief or stay against the auction sale of land cannot seek administrative revenue intervention; an application for stay or postponement must be filed directly before the executing court under Order XXI Rule 26, 29, or 59 CPC.

Section 70 All 158 Sections of Code of Civil Procedure Section 72