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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Preliminary: Sections 1 To 8

Section 5 CPC: Application of the Code to Revenue Courts

Bare Act text

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 * * * 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 * * * 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.

Amendment notes

  1. The words “with the previous sanction of the G.G. in C”, omitted by Act 38 of 1920, s. 2 and the First Sch. Pt. I.
  2. The words “with the sanction aforesaid” omitted by s. 2 and the First Sch. Pt. I, ibid.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where Revenue Courts are governed by the Code on procedural matters on which their own special enactment is silent, the State Government may notify that parts of the Code not expressly made applicable shall not apply to those courts, or shall apply with modifications. A Revenue Court means a court under a local law that hears suits or proceedings about rent, revenue or profits of agricultural land. A Civil Court with original jurisdiction under the Code is not a Revenue Court.

Preliminary: Sections 1 To 8

  1. 1 Short title, commencement and extent
  2. 2 Definitions
  3. 3 Subordination of Courts
  4. 4 Savings
  5. 5 Application of the Code to Revenue Courts
  6. 6 Pecuniary jurisdiction
  7. 7 Provincial Small Cause Courts
  8. 8 Presidency Small Cause Courts