General Study On Inherent Powers Of Courts Under Civil Procedure Code With The Procedure Of Suit Evaluation In Possession Of Land
- IJLLR Journal
- Mar 15
- 1 min read
Nivedha K, LLB, CMR School of Legal Studies, CMR University
ABSTRACT
The paper examines the overall research on the innate authority that civil courts possess. by the Civil Procedure Code of India. The authorities are recognised by the Code of Civil Procedure In addition to the restrictions placed on the courts, the courts have certain inherent powers. These are the inherent powers that are not specified in the code. The court's inherent authority is additional to the authority granted to the court under the code. These powers are enhanced by them. The court may use them to further the goals of justice or to stop the misuse of the legal system. The explanation is clear.
The legislative body is unable to account for every scenario that could emerge in future legal disputes, which is why the provisions of the court are not all-inclusive. In these kinds of unanticipated situations, inherent powers come to the rescue. In the event that the code has no provisions, they may be exercised ex debito justitiae. However, those must be used carefully and not arbitrarily. The definition of "Inherent" is somewhat broad. It refers to something that is inherent to or apart from something else, a permanent characteristic or attribute, a fundamental component, or something that is vested in or connected to a person or office as a privilege. Therefore, inherent powers are those that are unalienable from courts and that a court to do full and complete justice between the parties before it.
Keywords: Inherent powers, Substantive rights, Section 151, Debito justitiael, limitations
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