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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

A State Government wishes to limit the application of certain Code provisions to Revenue Courts that are governed by the Code only where the special enactment is silent. What does Section 5 permit the State Government to do?

The State Government may, by notification in the Official Gazette, declare that portions of the Code not expressly made applicable do not apply to Revenue Courts, or apply only with prescribed modifications. Expressly applicable provisions remain outside this power.

  1. ADeclare by notification in the Official Gazette that portions of the Code not expressly made applicable shall not apply, or apply with modificationsCorrect
  2. BRepeal the Code's provisions on suits for all Revenue Courts without any notification
  3. CDeclare that provisions expressly made applicable by the Code shall cease to apply
  4. DTransfer all revenue suits to the Civil Courts having original jurisdiction

Explanation

Section 5(1) lets the State Government, by Gazette notification, declare that portions of the Code not expressly made applicable shall not apply to Revenue Courts or apply with modifications. It cannot disturb provisions expressly made applicable, so the third option is wrong.

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