Code of Civil Procedure 1908
Application of the Code of Civil Procedure 1908 to revenue Courts:
Section 5:
(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 Provincial 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 only apply to them with such modifications as the Provincial Government may prescribe.(2) "Revenue Court" in subsection (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.
Explanation, Illustration and Relevant Cases:
Civil Procedure Code (V of 1908), Sections. 4, 5(2) and section 9 -‑Jurisdiction of civil Court‑‑Grant of barrage land‑‑Cancellation of grant due to non‑payment of installments, and imposing of removal fine by Colonization Officer‑‑Civil Court, held, had no jurisdiction to entertain suit against order of Colonization officer. 1987 C L C 994Civil Procedure Code, 1908 (V of 1908)--0. 5, R. 20-Land Revenue Act, 1967 S. 135-Constitution of Pakistan, 1973. Art. 199-Suit for partition-Order for substituted service of defendant-Non appearance-fix parte proceeding-Writ petition against-Held : It was nowhere in record that petitioner/defendant had been intentionally avoiding his service—Neither any report of process server had been referred nor recorded by trial Court-In such circumstances order of substituted service through chaspandgi or publication in press could not be held legal in anyway-High Court allowed petition and set aside impugned order of lower forums. PLJ 2004 249
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