When we talk about “inherent powers”, we’re talking about the skills a court needs to make sure that every part of a case is fair and complete. Similar to this, a court may use its inherent powers to provide fully impartial justice to the parties during the hearing. The court’s duty to deliver justice in every case, whether or not defined in this law, includes the considerable power to uphold justice in the absence of a specific or distinctive provision.
Inherent Powers of Civil Court under Civil Procedure Code
The court has inherent powers that relate to these rights even though they aren’t explicitly specified in the Civil Procedure Code. The Code outlines the procedures the Civil Courts must follow in order to administer justice, although it is not exhaustive and cannot cover every situation that can occur. As a result, courts are given further authority to deal with certain arising issues or stop the misconduct of the legal system.
These inherent powers of the court can be used in the interest of justice even when there are no specific rules in the Civil Procedure Code. It is crucial to remember that these powers cannot, however, be used in a way that goes against or disregards the existing laws.
Inherent Powers of Court: Provisions under CPC
The Civil Procedure Code discusses the exercise of powers in various circumstances and includes references to the law relating to the inherent powers of the Court from Section 148 to Section 153A of CPC.
- Section 148: Civil Procedure Code
According to Section 148 of the CPC, the Court has the discretionary power to periodically extend any period of time that it has established or granted for the performance of any CPC-mandated act, even if the term for which it was initially fixed or granted may have expired.
- Section 149: Civil Procedure Code
According to Section 149 of the CPC, a person may be given an opportunity to pay the requisite court fee if they haven’t done so in full or in part according to the requirements of the law for grievances or appeals. Even after the deadline for bringing the complaint or appeal has passed, this permission may still be given.
- Section 150: Civil Procedure Code
Section 150 of the CPC states that unless there is a different arrangement in place when the functions or responsibilities of one court are transferred to another court, the receiving court will have the same power and responsibilities as the original court.
- Section 151: Civil Procedure Code
According to Section 151 of the CPC, nothing in the CPC can restrict or impede the inherent power of the Court to issue orders that are required for the purposes of justice or to prevent exploitation of the legal system, which deals with “Saving of inherent powers of Court.”
- Section 152: Civil Procedure Code
According to Section 152 of the CPC, the court has the power to correct any errors resulting from an unforeseen omission or flaw in judgments, decrees, or orders, either at their own discretion or upon any party’s request.
- Section 153: Civil Procedure Code
Section 153 addresses the “General authority to amend.” The court is given the power to correct any mistakes made during litigation under this Section, and any necessary adjustments must be made in order to settle any unresolved problems or otherwise proceed with the litigation.
Sections 153A and 153B of the CPC, define the power to change a decision or order when an appeal is dismissed without cause and the location of the trial to be designated open court.
Inherent Powers of Court under CPC: Landmark Judgments
- In the case of Mahanth Ram Das v Ganga Das, the Supreme Court concluded that if there is a good justification for an extension, Section 148 of the CPC gives the court broad jurisdiction to provide justice for a litigant. Even if it is issued after the original due date, a subsequent order extending the payment period may take effect as of the original deadline’s expiration date.
- In the case of Johri Singh v Sukh Pal Singh, the Supreme Court emphasized the discretionary nature of the power conferred. Though it is not an automatic right for the party, the court may use this inherent power to advance the interests of justice. The court should take into account all relevant facts and circumstances, including the applicant’s actions, before using such power.
Inherent Powers of Civil Court: Limitations under CPC
- In cases of abuse of the court’s procedure, fraud, or deception by a party on the court, or when there is a lack of a procedural norm relevant to the facts of a particular case, Section 151’s objective is to deliver justice and right the wrong. The inherent powers should not be used by a court since doing so would destroy it.
- Where there is a specific code provision, the inherent powers will not be exercised.
- To force the involved parties to consent to a physical or blood test.
- To assign a commissioner to acquire the books of accounts that the plaintiff is in possession of.
- To speculate about or examine an order.
- The code cannot use its inherent power to offer temporary relief, which should only be done by decree after the issues in contention have been addressed.
- To reimburse the court fee for a review application where the application is approved for a reason other than an error of law or fact, etc.
Conclusion
The authority of the court to administer complete fairness between two parties, reduce litigation, and eliminate several legal actions is known as an inherent power. The provisions of the Court’s inherent powers are covered in Sections 148 to 153B of the CPC. These rules cover topics such as extending the period of time, paying court costs, transferring operations from one court to another, abusing the court’s procedure, and amending judgments, decrees, orders, and records, etc among other things.
It can be suggested that the Supreme Court formulate regulations that would be desired by the courts for their administration and which would include the rules established by the courts in the execution of inherent powers alongside the limits and restrictions on the execution of the power.
If you want to become a judge and are looking for a reputable RJS coaching institution, Jyoti Judiciary provides extensive study materials to support your growth and accomplishment. RJS Coaching in Jaipur has all the materials required to pass the test, from practice questions to developing theories regarding how you must answer in the final exam. Furthermore, lessons on basic legal terms and current issues in law can be accessed with a single enrolment. Sign up right away, and act quickly!
