Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 37

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 37, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

        1
        *                        *                           *                             *                            *
   3. Subordination of Courts.—For the purposes of this Code, the District Court is subordinate to the
High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small
Causes is subordinate to the High Court and District Court.
    4. Savings.—(1) In the absence of any specific provision to the contrary, nothing in this Code shall be
deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or
power conferred, or any special form of procedure prescribed, by or under any other law for the time
being in force.
    (2) In particular and without prejudice to the generality of the proposition contained in sub-section (1),
nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or
landlord may have under any law for the time being in force for the recovery of rent of agricultural land
from the produce of such land.
    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 2*** 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 3*** 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
                                                                                   e
agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code
                                                                           od
to try such suits or proceedings as being suits or proceedings of a civil nature.
    6. Pecuniary jurisdiction.—Save in so far as is otherwise expressly provided, nothing herein
                                                                      aC
contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter
of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
                                                                 di
    7. Provincial Small Cause Courts.—The following provisions shall not extend to Courts
                                                         In
constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887) 4[or under the Berar Small
Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes 5[under the
said Act or Law], 6[or to Courts in 7[any part of India to which the said Act does not extend] exercising a
corresponding jurisdiction] that is to say,—
        (a) so much of the body of the Code as relates to—
            (i) suits excepted from the cognizance of a Court of Small Causes;
            (ii) the execution of decrees in such suits;
            (iii) the execution of decrees against immovable property; and
        (b) the following sections, that is to say,—
            section 9,
            sections 91 and 92,
            sections 94 and 95 8[so far as they authorize or relate to—
                  (i) orders for the attachment of immovable property,
                 (ii) injunctions,
                 (iii) the appointment of a receiver of immovable property, or
                   (iv) the interlocutory orders referred to in clause (e) of section 94], and sections 96 to 112
               and 115.



1. Clause (21) omitted by Act 2 of 1951, s. 4, earlier clause (21) ins. by the A.O. 1950.
2. 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.
3. The words “with the sanction aforesaid” omitted by s. 2 and the First Sch. Pt. I, ibid.
4. Ins. by Act 4 of 1941, s. 2 and the Third Sch.
5. Subs. by s. 2 and the Third Sch., ibid., for “under that Act”.
6. Ins. by Act 2 of 1951, s. 5 (w.e.f. 1-4-1951).
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
8. Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injunctions and interlocutory orders” .


                                                                 37

Compare original page image