Introduction
We will see in this article about the natural or inherent power of the court which has been provided in the CPC, 1908 to all the court to preserve the abuse of the process and end of justice. So get ready to clear the concept of this essential power of the court in this article.
Meaning of the 'Inherent'
- 'Inherent' word is not expressly defined in the cpc, but in general , it means a part of the nature of the person or thing, which cannot be removed.
- For example : when we start a business the risk of collapse is inherent into the business.
Introduction
- The Code of Civil Procedure, 1908 provides the procedure adopted by civil court to administer justice between parties.
- The inherent power has provided in CPC, 1908 from Section 148 to 153 B however express provision given in Section 151 of the CPC.
- The objective behind providing Inherent power as mentioned in the Code itself that a court has ability to ensure complete and fair justice.
Section 151 of the CPC, 1908
Saving of inherent power of the court
- Nothing in this code
- Shall limit or
- Affect the inherent power of the court
- To make order as may be necessary
- For the end of justice or to prevent abuse of the process of the court.
Objective of section 151
There are two main objectives provided in the internet power given to the court.
- End of justice : As per need and circumstances the Court can use its discretionary power to subserve the justice and while using this discretion the Court can do following things if necessary:
- Condone delay.
- Set aside an ex parte order.
- Recall its own order and correct it's mistake as given in section 151 of CPC.
- Temporary injunction on the matter which is not covered under Order 39.
- Set aside illegal order.
- Allow amendment of pleading
- Erase remarks made against a judge.
- Extend time for payment of court fee. Refer to this Mahant Ram Dass v. Mahant Ganga Das, Air 1961.
- Restore suit and rehear on merit.
- Abuse of the process of the court : it is based on latin maxim "Actus Curiae Neminem Gravabit" which means 'An act of the court shall prejudice no one' which means the court prevents the unjustified use of legal proceedings.
Scope or Limitation
- It can be invoked only when Alternate remedies do not exist in the court to do justice .
- The power cannot override statutory prohibition or expressly prohibited provision given in CPC as said in leading case Manohar Lal Chopra v. Rai Bahadur Rao, AIR1962 however as per need and circumstances court can interpret the provisions.
- Court Discretion- Under section 151 of CPC, 1908 court use its discretion power as per Latin maxim : 'Debito justice' which means to act as justice demand to do complete and real justice.
- As said in "Shipping Corporation of India V Machado Brother ,2004 "Under section 151 court have all necessary power to make order to prevent the abuse of the process of the court".
Conclusion
- Hence , It is Significant power of the court which has been provided from beginning of the Civil Court under Section 151 Civil Procedure Code ,1908 which enables court to use its discretion power for complete Justice and to prevent abuse of the legal process
- No any other law of the code prevents to exercise this power, and the Inherent power of the Court has significantly grown by judicial precedents.
- Mahant Ram Dass V Mahant Ganga Daas, 1961 in which supreme court extended the time to pay court fee as there was delay on resonable ground.
- Manohar Lal Chopra v Rai Bahadur , 1962 in this case the civil court said Courts have inherent jurisdiction to issue temporary injunction in circumstances which are not covered under order XXXIX , Civip Procedure Code , 1908.
