Section 4 Code of Civil Procedure,1908 – Savings
By Joy Puri
Table of Contents
Introduction
The Code of Civil Procedure which was enacted in 1908 opines about various sections, orders and rules in this code.
The code by enumerating this provision entails about the superiority of the new laws which can be enacted in the country for the public welfare and for the larger good of the citizens.
Section 4 of the Code of Civil Procedure, 1908
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 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.
Interpretation of the provision
The provision entails that the provisions of the code mentioned further will not affect any special or local law or any special jurisdiction or any special form of procedure defined by any other law for the time in force.
Furthermore the provision in sub-section (2) entails about the significance of this provision in regards to the landholder or the landlord. The sub-section ordains that the provisions of the code mentioned hereafter, shall not limit or affect which any landholder or the landlord under any law for recovery of the rent or agricultural land from the produce of such land.
Landmark Case Laws
Kulwant Kaur v Gurdial Singh Mann, 2001
“Special or local laws would be functional till any specific provision to the contrary stands engrafted.”
Pankajakahi v Chandrika, 2016
“Specific provision” in section 4(1) must mean that the particular provision in the Code of Civil Procedure must clearly indicate in itself and not merely by implication that the special law in question is to be affected “
Sanjeev Arora v National Insurance Co, 1997
“The provisions of clause 10 of Letters Patent Appeal (Nagpur) are saved under section 4, CPC. Since the special jurisdiction was conferred on the High Court by the provisions of clause 10 of the Letters Patent (Nagpur), the provisions of the Code regarding the appeals do not operate as bar for preferring of an appeal from the judgment of Single Judge of the High Court to the High Court.”
Shah Babulal Vs Javaben D Kania, 1981
“Even if the letters patent be deemed to be a special law, the provisions for appeals under letters patent are not inconsistent with nor they exclude nor override the application of section 104 r.w OXLIII, Rule 1 Code of Civil Procedure, 1908 and therefore the test contained in section 4 is not applicable. “
Ram Abhilakh Vs Ram Jas, 1966
“Power includes also execution procedure if the special law confers a special power on the executing court that provision shall override the corresponding provision of the code.”
Conclusion
The provision by its clear understanding tends to respect the futuristic aspects of the law.
In furtherance to the aforesaid, it stands consistent with the statement that Law changes by the needs of the society.
The code further aims to provide uniformity in the procedural aspects and attributes to the substantive laws of the nation.
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