CPC 3 — Subordination of Courts

Code of Civil Procedure, 1908

Statutory text

For the purposes of this Code, the District Court is subordinate to the
High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.
4. Savings.—(1) 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  sub-section  (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.
5. Application  of  the  Code  to  Revenue  Courts.—(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

***  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

*** 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.
6. Pecuniary  jurisdiction.—Save in  so  far  as  is  otherwise  expressly  provided,  nothing  herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
7. Provincial   Small   Cause   Courts.—The following   provisions   shall   not   extend   to   Courts
constituted  under  the  Provincial  Small  Cause  Courts  Act,  1887(9  of  1887)

[or  under  the  Berar  Small
Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes

[under the
said Act or Law],

[or to Courts in

[any part of India to which the said Act does not extend] exercising a corresponding jurisdiction that is to say,—
(a) so much of the body of the Code as relates to—
(i) suits excepted from the cognizance of a Court of Small Causes;
(ii) the execution of decrees in such suits;
(iii) the execution of decrees against immovable property; and
(b) the following sections, that is to say,—
section 9,
sections 91 and 92,
sections 94 and 95

[so far as they authorize or relate to]—
 (i) orders for the attachment of immovable property,
(ii) injunctions,

(iii) the appointment of a receiver of immovable property, or
(iv) the interlocutory orders to in clause (e) of section 94], and sections 96 to 112 and 115.

Back to CPC