State of U.P. v. Hazratbal Waqf
Rule established
The CPC applies uniformly to all civil courts. Special statutes may exclude it, but exclusion must be express or clearly implied. An alternative forum alone does not oust CPC application.
Facts
- A dispute arose regarding property under the Waqf Act
- The question was whether the CPC governed the proceedings or whether the special statute (Waqf Act) excluded CPC application
- The State argued that the special forum created under the Waqf Act ousted CPC
Issue
- Whether the CPC applies to civil proceedings under special statutes that create their own forums.
Held
- CPC applies uniformly to all civil courts unless expressly or clearly impliedly excluded
- The mere creation of a special forum does not exclude CPC
- Exclusion must be shown from the express language or necessary implication of the special statute
- Where the special statute is silent on procedure, CPC governs by default
Ratio Decidendi
CPC applies uniformly unless expressly/impliedly excluded by special statute. Alternative forum alone does not oust CPC.
How to use it in an exam
- Key line: "In State of UP v. Hazratbal Waqf (1994), the Supreme Court held that CPC applies uniformly to all civil courts. Exclusion by special statute must be express or clearly implied."
Source
Source: (1994) 5 SCC 718; verified via standard CPC references
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Principal Features of the CPCUniform application of CPC