Kindly explain Civil procedure code--1908 section--04(Savings) in simple general sense to understand common public.Under which circumtances it would be applicable ?pl.reply ..
ganpatbhai (self employed) 25 December 2015
Kindly explain Civil procedure code--1908 section--04(Savings) in simple general sense to understand common public.Under which circumtances it would be applicable ?pl.reply ..
Anand Bali Adv. (Advocate Solicitor & Consultant) 26 December 2015
Dear Friend it is very clearly mentioned in the code in favour of the Land lords or land holders that in case of rental due on the land it can be derived from the proceeds of the same land in question. In simple words all the fruits of the land can be fetched for the payment of rental due on the land property. It is applicable on the revenue collection also due on the land concerned.
However it will be applicable only if there is no other law in existance forbades it. The provision of the law of Civil Procedure Code is applicable where the other codes are silent or do not speak any thing. However the party relying on any special law cin contradiction of the CPC must prove it. and when there is no such confict the CPC will prevail.
There are three components under Sec 4:
1.i. The code generally governs matters covered by it
ii if a local or special law exists covering the same area or field, the local or special law will be saved and prevail.
iii if there is any special provision to the contrary in the code it self then that will override the special or local law.
The expression that " a specific provision to the contrary" means that there must be particular provision in the code clearly indicating in itself and not merely by implication, in order to effect the special law or local law. ( Mahadeolal Vs hardeodas AIR 1992 Guj (78) Division bench.
T. Kalaiselvan, Advocate (Advocate) 05 January 2016
Well advised by learned advocate Mr. Anand Bali, nothing more to add.