Inherent Powers of a Civil Court: A Study

Abstract

Courts duty to do justice in all cases, whether provided for or not, carries with it the necessary power to do justice in the absence of express provision. This power is referred to as the inherent power possessed by the court, though not conferred. Sec 151 of the Civil Procedure Code deals with the inherent powers. This provision being a part of procedural law requires a liberal interpretation to advance the cause of justice and further it ends or to effect enforcement of substantive rights. The inherent powers are considered necessary to do the right and undo the wrong in the course of administration of justice and to be regarded as ‘supplementary to specially conferred powers. Inherent powers have roots in necessity and they are co-extensive with necessity in order to do complete justice.

Keywords: Dr Mukund Sarda New law College Pune, Dr Mukund Sarda Bharati Vidyapeeth University, Bharati Vidyapeeth University Pune, Prof Dr Mukund Bhagirath Sarda