Okay, I will create a summary based on the provided information about Section 151 of the Code of Civil Procedure, 1908. Note that this is not a specific case name but rather a section of a law. Therefore, the summary will focus on the inherent powers granted by Section 151 and how courts have interpreted it.
Short Summary
Section 151 of the Code of Civil Procedure (CPC) codifies the inherent powers of courts to make orders necessary for the ends of justice or to prevent abuse of the process of the court. It clarifies that the CPC is not exhaustive and that courts retain residual powers to act fairly, even if no specific provision directly addresses a situation. The section is invoked sparingly and only when no other remedy is available under the CPC.
Facts
Section 151 is a statutory provision within the Code of Civil Procedure, 1908. It acknowledges that procedural laws cannot foresee every possible situation that may arise during litigation. It exists to ensure that courts can address unforeseen circumstances and prevent injustice. The need for such a provision arises from the inherent limitations of codified law.
Issues
The primary issue is the scope and applicability of Section 151 CPC:
Arguments (General Interpretation)
Since this is a section of law and not a specific case, the arguments relate to its interpretation and application.
Court's Reasoning (General Interpretation)
Courts generally hold that Section 151 should be invoked cautiously and only in exceptional circumstances. The inherent power cannot be used to:
The power under Section 151 is supplementary to, and not in derogation of, the powers conferred by the CPC. It is to be used to further the ends of justice or to prevent abuse of the court process, not to create a parallel system of procedure.
Conclusion
Section 151 of the CPC recognizes and preserves the inherent powers of civil courts in India. However, this power is not unlimited. It must be exercised judiciously, sparingly, and only when necessary to prevent injustice or abuse of process, and only when no specific provision of the CPC provides an adequate remedy. The section does not grant courts the power to act arbitrarily or to disregard established legal principles.
Get instant answers specific to this case