Code
[Provisions of Third Schedule to apply.]β Rep. by s. 7 ibid. @/@
Perfect π β youβre now pointing to another repealed provision of the CPC:
[Provisions of Third Schedule to Apply] β Repealed
Code (Before Repeal)
[Provisions of Third Schedule to apply.]
β Repealed by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), Section 7.
Explanation
This provision (before repeal) dealt with applying the Third Schedule of the CPC, 1908 (which contained special rules relating to execution of certain decrees, particularly revenue-related ones).
- The Third Schedule essentially governed how execution of decrees connected with agricultural land, rent, and revenue recovery was to be carried out.
- Over time, these provisions became redundant because:
- State Revenue Codes began handling agricultural and revenue execution directly, and
- Amendments in 1956 streamlined execution provisions, making the Third Schedule unnecessary.
Thus, by the 1956 Amendment Act (66 of 1956, Section 7), both the provision and the Third Schedule itself were repealed.
Position After Repeal
- Execution relating to revenue-paying estates and land matters is now governed under Section 54 CPC (Partition and separation of shares) and respective State Revenue Laws.
- The Third Schedule no longer exists in the CPC framework.
Illustration
Earlier: If a decree involved partition of a revenue-paying estate, the execution process followed the rules in the Third Schedule.
Now: Such cases are handled under Section 54 CPC with the Collector or Revenue Officer executing the decree.
Common Questions & Answers
Q1. What was the purpose of this provision?
π To apply the Third Schedule rules in execution of decrees related to revenue and land.
Q2. Why was it repealed?
π Because execution laws were simplified, and revenue matters were shifted to State-specific revenue laws.
Q3. What replaced the Third Schedule?
π Section 54 CPC and relevant State Revenue Codes now govern such matters.
βοΈ Conclusion:
The provision [Provisions of Third Schedule to Apply] and the Third Schedule itself were repealed in 1956. Execution of land and revenue-related decrees is now handled by Section 54 CPC