§ SECTION 5 · CPC 1908

Application of the Code to Revenue Courts

Two sub-sections, two tabs — 5(1) the State Government’s power to switch off or modify the Code for Revenue Courts, and 5(2) what a “Revenue Court” actually is.

How to read Section 5

Get the shape of the section first — what it is about, what kind of rule it is, and the condition + definition inside it.

The whole section

What it is about

How far the CPC applies to Revenue Courts, and a power to fine-tune it. 5(1) = the power; 5(2) = the definition.

The rule — ENABLING

It grants a power (positive)

5(1) gives a power to the State Government — a positive, enabling rule, not a denial. But the power is conditional.

Condition + exception

When it works; what is defined

The power works only where the court’s special law is silent, and only on parts not expressly applied by the Code. 5(2) then defines ‘Revenue Court’ — with an exception (not an ordinary Civil Court).

Read the bare act like this: Where a Revenue Court’s own special law is silent, the CPC fills the gap — but the State Government may, by Gazette notification, switch off or modify those gap-filling parts (never the parts the Code expressly applies). And a ‘Revenue Court’ is a local-law court over agricultural rent, revenue or profits — not an ordinary Civil Court.

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