Question: Which court has got the `inherent powers’ under Civil Procedure Code? Can it be exercised by a Munsif also? Give reasons and also refer to relevant provisions. Find the answer only on Legal Bites. [Which court has got the `inherent powers’ under Civil Procedure Code? Can it be exercised by a Munsif also? Give reasons and also… Read More »

Question: Which court has got the 'inherent powers’ under Civil Procedure Code? Can it be exercised by a Munsif also? Give reasons and also refer to relevant provisions. Find the answer only on Legal Bites. [Which court has got the 'inherent powers’ under Civil Procedure Code? Can it be exercised by a Munsif also? Give reasons and also refer to relevant provisions.] Answer All the civil courts have got inherent powers under the Civil Procedure Code 1908. Thus, the inherent power of a...

Question: Which court has got the 'inherent powers’ under Civil Procedure Code? Can it be exercised by a Munsif also? Give reasons and also refer to relevant provisions.

Find the answer only on Legal Bites. [Which court has got the 'inherent powers’ under Civil Procedure Code? Can it be exercised by a Munsif also? Give reasons and also refer to relevant provisions.]

Answer

All the civil courts have got inherent powers under the Civil Procedure Code 1908. Thus, the inherent power of a civil court can be exercised by a Munsif as well. Section 151 of the Code which talks about the saving of inherent powers of the court reads as follows:

“Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.”

Upon a careful perusal of the section, we see that the word used is the inherent power of ‘Court’ which implies all the civil courts, exercising their jurisdiction under the Code of Civil Procedure. Moreover, from the reading of Section 151 CPC, the position which emerges is as follows:-

  • The inherent powers of the Court are very wide and are not in any way controlled by the provisions of the Code.
  • They are in addition to the powers specially conferred on the Court by the Code and the Courts are free to exercise them.
  • The only limitation put on the exercise of the inherent powers is that when exercised, they are not in conflict with what has been expressly provided for, those exhaustively covering a particular topic, or against the intention of the Legislature.
  • Inherent powers are to be exercised where a specific provision does not meet the necessities of the case.

These limitations are not due to the fact that the inherent power is controlled by the Code, but because it should be presumed that the procedure specifically provided for orders in certain circumstances is dictated by the interests of justice.

The provision of inherent power in section 151 doesn’t bestow any power, however just stipulates that there is a power to make such orders as may be basic for the ends of justice and to prevent abuse of the procedure of the court, as expressed by Supreme Court in the matter of Manohar Lal v. Seth Hira Lal. [AIR 1962 SC 527]


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Updated On 2022-04-03T07:56:20+05:30
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