Author: Ritwik Prakash, V Year of B.Com.,LL.B(Hons.) From Amity Law School, Noida.
Co-author: Visheshta Kalra, V of B.B.A.,LL.B(Hons.) From Amity Law School, Noida.
INTRODUCTION
Law has consistently been a fundamental component of society. It was there in any event when men were graceless and it is even today when we have gone into a much-modern world. The presence of law has spread the word about much for us with the presence of courts. The Courts existed when there was no composed sculpture on the essential standard to do equity and to calmly settle the matter.
Every court is set up to enforce justice between the parties, so it should be remembered that it has all the powers needed to do good and eliminate evil injustice. The Code of Civil Procedure is a procedural or descriptor law and the arrangements thereof should be generously understood to propel the reason for equity and further its finishes since the essential capacity of the courts is to do equity as opposed to zeroing in on the procedural piece of the gatherings.
The "Civil Procedure Code" recognizes powers and the limitations of courts, but some powers belong to the courts, but yet they are not stipulated in the code. These powers are inherent. The inherent powers of the court complement the powers directly granted to the court by the law. They complement these powers. They can be used by the courts for judicial administration or to prevent abuse of legal procedures.
MEANING OF INHERENT POWER
The meaning of "inherent" is to be vested in (someone) as a right or privilege. The inherent powers of the courts are those powers that the court may use to ensure complete justice between the parties before it. It is the duty of the courts to do justice in all cases, whether or not in this code, brings with it the important power to do justice in the absence of a defined or separate provision. It is believed that this power is inherent in the court, although it has not been granted. Section 151 of the Civil Procedure Code stipulates the inherent powers of the court.
RELEVANT SECTIONS OF INHERENT POWERS UNDER CIVIL PROCEDURE CODE
There are a few provisions/sections which are of great significance in context to inherent powers of the court under CPC. Those are as follows:
Section 148: In this section, enlargement of time has been discussed i.e If the court orders the prescribed measures, the court may decide on its own to extend the set time limit from time to time, even if the original time limit has expired.
Section 149: In this section, the power to make up a deficiency of Court-fees has been discussed. If any fee required by law on a document at that time has not been paid in whole or in part in relation to court fees, the Court may, at its discretion, allow the person for whom that fee is payable at any time to pay all or part of the court fee; and once payment has been made, the document on which the fee is paid has the same force and effect as if the fee had been paid in the first instance.
Section 150: In this section, transfer of business has been discussed. The court has the power, in transferring the affairs of one court to another court, that the court to which the business is being transferred has the same powers and obligations as the court from which the business is being delegated.
Section 151: In this section, the saving of inherent powers of the Court has been discussed. It states that Nothing in the CPC is intended to limit or prejudice the inherent power of the court to make decisions that may be relevant to the purposes of the judiciary or to limit the abuse of the court's method.
Section 152: In this section, the amendment of judgments, decrees, or orders have been discussed. Administrative or calculation errors in judgments, decrees or orders, or errors resulting from an accidental slip or omission can be corrected by the court at any time in accordance with its authority or at the request of a party.
Section 153: In this section, the general power to amend has been discussed. The court may rectify any deficiency or error in any claim process at any time and on the terms of the cost or in any other manner it deems appropriate, and any necessary changes are made to determine the question or matter read which arises or depends on the procedure.
HOW DOES THE COURT EXERCISE THIS POWER?
Principle
In exceptional circumstances for which the Code does not provide a procedure, the inherent power must be exercised differently; there can be no practice of invalidating the provision of the Code; Typically, when the Code comes to an agreement on a particular subject, the provision should not be viewed as comprehensive.
“This provision does not confer any power, it merely establishes that there is a power to issue basic orders for the purposes of justice and to avoid abuse of judicial process, as the Supreme Court expressed in the matter of Manohar Lal against Seth Hira Lal.
A court does not have the power to amend or add to a judgment after it has been signed, as doing so directly violates Order XX Rule 3 of the Code. The court will not be able to use the exemptions in this section if either party has their remedy in another part of the Code and does not benefit from these provisions.
JUDICIAL INTERPRETATIONS
Alternative for ‘No other remedy’: In the absence of any special circumstances tending to abuse the Court's proceedings, the Court, exercising its inherent powers, cannot grant redress when justice can be served by any other resource provided for in the Code for the person concerned.
No Powers over the Substantive Rights: According to section 151 of the Code, the inherent powers do not exceed the basic rights of litigants, but the court must be given special powers.
In Ram Chand and Sons Sugar Factory v. Kanhayalal : The SC ruled that if the court exercises its inherent powers under CCP S.151, the conduct violates the powers directly or indirectly granted by other provisions of the code and that the court had the power to make an appropriate order to prevent abuse of the court's proceedings.
3. To Advance Interests of Justice: In M/s. Ram Chand & Sons Sugar Mills Pvt. Ltd. Barabanki (U.P.) v. Kanhayalal Bhargava, the appellant fought that during the pendency of the main suit, certain ensuing occasions had occurred because of which the first was not productive and in law, the said suit couldn't be continued forthcoming and proceeded exclusively for the motivation behind proceeding with a break request made in the said suit.
LIMITATIONS
Few limitations of the applicability of inherent powers of the Court are as follows:
They can be applied uniquely for the situation, where there exists any sort of insufficiency of a specific arrangement in the Code.
They can't be applied in instances of questions with what has been unambiguously given in the Code.
They can be applied distinctly in some inconsistent or slight on the ground kinds of cases.
While applying the said inherent powers, the Court should follow the system set up by the law or the strategy given by the ligature.
The Courts can neither exercise purview in any way, and nor can endow in them by law.
CONCLUSION
Inherent powers are the authority of the court, which helps minimize litigation, avoid multiple trials, and ensure full justice between the parties. CPC Article 148-153B deals with the inherent powers of the court. These provisions involve an extension of time limits, payment of court fees, transfer of cases from one court to another, termination of justice, abuse of judicial procedures, modification of judgments, injunctions, orders, and agreements, etc.
The inherent powers of the Court in this Code are worded to overcome the ambiguities which, in one way or another, have obstructed the path of justice. Although these powers, as we can understand, exist with certain limitations, but nonetheless the main intention behind the application of these powers is sufficiently evident, ie. to be absolutely impartial in the administration of justice and the performance of the tasks set out in the procedure and working method established by the legislature.
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