Code of Civil Procedure 1908, Section 4, Savings,Civil Procedure Code, 1908 (V of 1908)

Code of Civil Procedure 1908

Section 4, Savings:

Section 4:
         (l) 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 subsection (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.

Explanation, Illustration and Relevant Cases:

Civil Procedure Code, 1908 (V of 1908) Sections 4(1), 24 and 151 read with read with Sections. 15, 16 & 17 of West Pakistan Urban Rent Restriction Ordinance, 1959-Applicability of Sections, 4(1), 24 and 151 CPC in rent matters--Status--Held : Provisions of section 24 and 151of C.P.C. are not applicable in rent matters. PLJ 1998 1341


Civil Procedure Code (V of 1908), Section 98 read with Section 4 and Letters Patent (Lahore), 26‑Section 98 read with Section. 4 of C. P. C. does not abrogate the Letters Patent‑Reference to the third Judge of a High Court, on difference of opinion between two Judges of Division Bench, competent. P L D 1966 684


Civil Procedure Code (V of 1908), Reading sections 4(1) and 141, C.P.C. together the position that emerges clearly, is that while exercising its civil jurisdiction the Special Court has to follow the procedure laid down in regard to the suits in the C . P. C . except to the extent any contrary provision is made in the special enactment. Therefore, wherever the provisions of the Ordinance are repugnant to the provisions of the C . P. C . , the former will override the latter. To that extent the general provisions of the C . P.C. will give way to the contrary provisions of the Ordinance which will take over to the extent of the repugnancy. P L D 1987 512.

Civil Procedure Code (V of 1908), Section. 115 read with Sections. 3 & 4‑Revision‑‑Courts enumerated in Section 3, Civil Procedure Code, 1908, unless provided otherwise in any other statute, only Courts subordinate to High Court‑‑‑Civil Court meaning‑Court of general or plenary jurisdiction and not Court of special jurisdic­tion and Labour Court constituted under Industrial Relations Ordi­nance, 1969 being not a Court of general or plenary jurisdiction but a Court of special jurisdiction and Labour Court not being declared subordinate to High Court either by Payment of Wages Act, 1936 or by Industrial Relations Ordinance, 1969 (as amended) nor any other statute saying so, Punjab Labour Court, held, not subordinate to High Court and Appellate orders passed by such Court not open to revision before High Court. 1982 P L C 48



Civil Procedure Code (V of 1908), Sections. 4(1), 94, 151 & O. XXXIX, rr. 1 & 2—Interpretation of Section 68 of Act VIII of 1873— Suit instituted to challenge validity of order passed by canal officer under Section. 68—Question: Whether civil Court is competent to suspend operation of order impugned in suit during pendency of proceedings— Held: (Per majority) civil Court in such suit has all powers available to it under C. P. C. and in suitable case can pass incidental or supple­mental order (e.g. interim or temporary injunction) during pendency of suit. P L D 1975 15