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

Which statement about the Code's treatment of Revenue Courts under Section 5 is correct?

Where a special enactment is silent on procedure, the State Government may notify in the Official Gazette that portions of the Code not expressly made applicable shall not apply to Revenue Courts, or shall apply with modifications. A Civil Court with original civil jurisdiction is not a Revenue Court.

  1. AThe Code never applies to Revenue Courts
  2. BA Revenue Court includes a Civil Court having original jurisdiction to try suits of a civil nature about agricultural rent
  3. CWhere a special enactment is silent on procedure, the State Government may by notification declare that certain portions of the Code do not apply, or apply with modificationsCorrect
  4. DThe Central Government alone may notify exclusions of the Code for Revenue Courts

Explanation

Section 5(1) applies where Revenue Courts are governed by the Code on matters on which a special enactment is silent; the State Government may by Gazette notification exclude portions or prescribe modifications. Section 5(2) expressly excludes from 'Revenue Court' a Civil Court with original jurisdiction over such civil suits, and it is the State, not the Centre, that notifies.

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