Code

[Collector to deemed to be acting judicially.] — Rep. by s. 7 ibid.

Got it 👍 — you’ve hit another repealed CPC provision from the Third Schedule cluster, repealed by the Code of Civil Procedure (Amendment) Act, 1956 (Act 66 of 1956), Section 7.
Here’s the ApniLaw-style breakdown:

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[Collector to be deemed to be acting judicially] – Repealed

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Code (Before Repeal)

[Collector to be deemed to be acting judicially.]
— Repealed by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), Section 7.

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Explanation

This section was part of the special rules under the Third Schedule of the CPC, which dealt with execution of decrees against agricultural land and revenue estates.

• The section provided that when a Collector (or revenue officer) exercised powers under the CPC for execution of certain decrees, he would be deemed to be acting judicially.
• This meant his actions were protected as those of a judge under judicial immunity, shielding him from personal liability.

When the Third Schedule was repealed in 1956, the role of the Collector in such execution proceedings was substantially reduced and streamlined (mainly limited to Section 54 CPC for partition of estates). Hence, this safeguard was no longer necessary.

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Position After Repeal

• Collectors no longer exercise broad judicial powers under CPC.
• Their involvement is now confined to specific areas (e.g., partition of revenue estates under Section 54 CPC).
• The need to deem them “acting judicially” was removed since such proceedings are far fewer and mostly administrative in character.

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Illustration

• Before repeal: If a decree involved partition of agricultural land, the execution went to the Collector. His decision-making was treated as a judicial act, and he could not be sued for actions taken in good faith.
• After repeal: Only limited functions remain with the Collector, and general judicial functions are exercised by civil courts.

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Common Questions & Answers

Q1. Why was this section repealed?
👉 Because the Third Schedule itself was scrapped in 1956, making the provision unnecessary.

Q2. Do Collectors still have judicial protection today?
👉 Yes, but under general legal principles (e.g., protection of public servants acting in good faith), not under this repealed CPC section.

Q3. Which CPC section governs the Collector now?
👉 Section 54 CPC — relating to partition of revenue-paying estates.

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⚖️ Conclusion:
The section “Collector to be deemed to be acting judicially” was repealed in 1956 along with other Third Schedule provisions. Today, Collectors only have a limited role under CPC, mainly in partition matters, and their acts are no longer specially “judicial” under CPC.