Introduction:

In a democratic society, the judiciary plays a vital role in upholding the rule of law and ensuring justice is served. To effectively discharge their duties, courts are vested with certain powers, including the inherent power conferred upon them under the Code of Civil Procedure (CPC). This inherent power provides the courts with the necessary flexibility to administer justice and uphold the integrity of the legal system. In this blog, we will explore the inherent power of the court under the CPC and its significance in ensuring a fair and just legal process.

Understanding the Inherent Power:

The inherent power of the court refers to the authority possessed by the court to act in an appropriate manner in situations not specifically addressed by any statute or procedural rules. The CPC recognizes and empowers the courts with inherent powers through Section 151, which states that "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."

Scope and Exercise of Inherent Power:

The inherent power of the court is wide-ranging and allows the court to take necessary action to meet the ends of justice. It enables the court to rectify procedural errors, correct mistakes, and prevent abuse of its process. The court can exercise its inherent power to pass orders not specifically provided for in the CPC, but which are required to achieve fairness and justice in a given case.

The inherent power can be exercised in various situations, such as:

• Granting temporary injunctions or stay orders to prevent irreparable harm or maintain the status quo.
• Allowing amendments to pleadings to ensure substantial justice is served.
• Setting aside judgments obtained by fraud or collusion.
• Granting relief in cases of hardship or exceptional circumstances.
• Regulating the conduct of parties and their legal representatives.
• Correcting clerical or typographical errors in judgments or orders.
• Preserving the sanctity of the judicial process and preventing abuse or misuse.

Provision under Section 148-153B of this code

The Civil Procedure Code, which discusses the exercise of powers in various circumstances, includes references to the law relating to the inherent powers of the Court in Sections 148 through Section 153A. The provisions of the Inherent Powers of Courts are as follows:

-The grant or extension of time is dealt with in Sections 148 and 149,

-The transfer of business is dealt with in Section 150,

-The inherent powers of the courts are protected in Section 151, and -Revisions to judgements, decrees, or orders or to separate processes are dealt with in Sections 152, 153, and Section 153A.

Enlargement of Time Section 148

Section 148 of the Civil Procedure Code states that even after the original period has passed, the court may prolong any period that it has set or granted for the performance of an act.

Since the word "may" denotes a discretionary power, the court may take the conduct of the party requesting the time extension into account.

Section 148 of the CPC embodies the idea of equity. The court may take into account all relevant facts and circumstances, including the applicant's behaviour, before granting the request because the parties cannot claim the extension of time as a matter of right.

Payment of Court Fees- Section 149

Even after the statute of limitations for filing the action, appeal, or other document has run out, the court may enable a party to make up any shortfall in court fees due on the plaint, memorandum of appeal, or other documents under Section 149 of the Civil Procedure Code.

A proviso to section 4 of the Court Fees Act, 1870, which stipulates that no document entitled to court fees under the Act may be filed or recorded in any court of justice without the necessary court fee having been paid, is section 149 of the Civil Procedure Code.

The discretionary authority granted by section 149 of the CPC should be used by the courts judiciously and in the interests of justice.

Section 151

The court came to the conclusion that what would satisfy the requirements of justice would always depend on the facts and circumstances of each case in Naresh Shridhar Mirajkar v. State of Maharashtra (1966).

To avoid abuse of the court's procedure, which can be done by the court or a party, section 151 of the Civil Procedure Code is employed.

When a court pursues a practise that can lead to a miscarriage of justice, the court has abused the legal system. A party may have abused the legal system if it obtained the benefits through vexatious or fraudulent means against the court.

Limitations of Inherent Power

The inherent powers are fairly extensive and residuary in nature, but they can only be applied if the code contains no explicit provisions. The court must abide by an express code provision that pertains to a particular issue.

The Supreme Court ruled in Ramkarandas Radhavallabh v. Bhagwandas Dwarkadas (1964) that the court could only use its inherent authority in extremely rare situations.

Conclusion:

The inherent power of the court under the CPC is a crucial tool in the hands of the judiciary to administer justice effectively. It enables the court to fill in the gaps in the procedural law and ensure that justice is not impeded by technicalities or procedural rigidity. However, the exercise of inherent power must be tempered with prudence and caution to avoid arbitrariness. By invoking their inherent power, courts can ensure that the legal process remains fair, just, and accessible to all, thereby upholding the principles of the rule of law.

Thank you for reading our blog! Experience a transformative learning journey with LegalStix.

Visit our dedicated blog at https://lawschool.legalstix.com/blog to access our Free Notes Series and a wealth of resources designed to enhance your learning experience.Don't miss out on becoming part of our vibrant community!Join our WhatsApp group at https://chat.whatsapp.com/LQTZANEtwlrC13eCcVvlH0 to connect with fellow students, engage in stimulating discussions, ask questions, share insights, and stay updated with all the latest from LegalStix.