Application of the Code to Revenue Courts
Section 5 of the Code of Civil Procedure, 1908 deals with application of the Code to Revenue Courts. 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 m The Act came into force on 01 Jan 1909.
(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 1 *** 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 2 * * * 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.
Section 5, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Corporation Bank vs Masood Ahmed Khan
Court's Decision & Legal Precedent
A quasi-judicial authority vested with substantial judicial powers (such as the National Consumer Disputes Redressal Commission) cannot dismiss appeals or revision petitions by merely affirming lower court orders without providing reasoned explanations for its decision. Every quasi-judicial forum exercising powers akin to a civil court must record detailed, rational, and substantive reasons for its conclusions, showing the nexus between facts/materials considered and the legal conclusions reached. Mere affirmation or cryptic orders are violations of natural justice and administrative law principles. Additionally, when a party files a separate appeal before a multi-party forum, that party has the right to independent hearing and consideration; dismissing the appeal without independent analysis violates the right to fair hearing. The requirement to record reasons is mandatory and is as fundamental to quasi-judicial decision-making as observing principles of natural justice.
On this section: Powers of civil courts applicable to District Forum and by extension to National Commission
-
Shri. Parashuram S/o Shivarudra Salunke vs Bhumika Alias Megha W/o Parashuram Salunke
Court's Decision & Legal Precedent
In proceedings under Section 125 Cr.P.C for maintenance, the court must strictly comply with Section 67 Cr.P.C when serving summons on a person residing outside its local jurisdiction by sending summons in duplicate to the Magistrate within whose jurisdiction the person resides. Further, evidence must be recorded in the presence of the respondent or his pleader as prescribed under Section 126(2) Cr.P.C, and ex-parte proceedings are permissible only when the Magistrate is satisfied that the respondent is willfully avoiding service or willfully neglecting to attend court; mere postal endorsement marked unclaimed does not constitute willful avoidance. Procedural non-compliance in maintenance proceedings warrants setting aside the order and remitting for fresh hearing, though interim maintenance may be awarded to protect the wife's interests.
On this section: Referenced as applicable to Family Court proceedings other than those under Chapter IX of Cr.P.C; not directly applicable to maintenance proceedings
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 5
What have the courts held on Section 5 of the Code of Civil Procedure?
Corporation Bank vs Masood Ahmed Khan (08 Sep 2010) is the leading judgment on this section among those set out below: Powers of civil courts applicable to District Forum and by extension to National Commission. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2010 to 2023.
How do I find court cases under Section 5 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 5, section 5 CPC, section 5 of the Code of Civil Procedure. People searching for it also type cpc 5 rule 20. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Corporation Bank vs Masood Ahmed Khan (08 Sep 2010).
When did Section 5 of the Code of Civil Procedure come into force?
Section 5 of the Code of Civil Procedure, cited as CPC 5, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.