Application of the Code to Revenue Courts[ Section 5] and drafting of Application u/s 5 of CPC 1908

 

Application of the Code to Revenue Courts[ Section 5]

•      This Section deals with the question whether the provisions of the Code of Civil Procedure 1908 are applicable to the Revenue Courts or not. The bare language of Section 5 provides as under:-

•     “ 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 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 jurisdiction under this code to try such suits or proceedings as being suits or proceedings of a Civil  nature.”

                                       Comments

•      If the special or local law applicable to the Revenue Courts provides  for certain procedures, then the Revenue Courts shall follow them irrespective of the provisions of Civil Procedure Code. In such cases, the provisions of CPC have no application.

•      But when the special law governing the procedure of Revenue Courts is silent on certain procedural matters, then those matters are dealt with in accordance with the provisions of CPC.

•      In such a situation the State Government may apply the provisions of CPC with certain modifications or may exclude the application of certain portions of these provisions. 

In The Court of Assistant Collector Ist Grade at…………

 

AB                    vs.                  CD

           Subject:  Application for service of the respondents by 

                          substituted service in Suits for partition of

                          Agricultural Land.

Sir,

       Most respectfully it is submitted as under:-

1. That the applicant has filed the present case for partition of his agricultural land and the same is pending before this Hon’ble Court for service of the respondents.

2. That the respondents are avoiding their service intentionally.

3. That it has become therefore necessary to adopt the substituted procedure for effecting service of the respondents as provided under The Code of Civil Procedure 1908.

4. That there is no provision under the Land Revenue Act prescribing the procedure of summoning of the respondents in such circumstances, therefore the provisions of Civil Procedure Code, 1908 are attracted and applicable as per Section 5 of CPC.

5. That there is no other alternative left for summoning the respondents except by way of substituted service by publication in the newspaper.

         It is therefore prayed that the present application may kindly be allowed and the respondents may kindly be summoned by substituted service through publication in newspaper under Order V rule 20 CPC.

Date :                                                             ……Applicant

                                             Through Counsel

                                            ……………..Advocate

Verification:-

Verified that the contents of my application are true and correct and nothing has been falsely stated therein.

Verified at Kapurthala

Verified on 23/01/2019                                                                 Applicant