Inherent Powers Of The Court: Under Civil Procedure Code
Harshita Verma, B.A.LL.B. (Hons.), Bennett University
ABSTRACT
This paper focuses on exploring the inherent powers granted to civil courts under the Indian Civil Procedure Code (CPC). While the CPC explicitly outlines many powers and limitations for the courts, it also confers certain powers that are not specifically codified within the law. These inherent powers, though not expressly written into the legal provisions, supplement the court's ability to administer justice effectively and prevent abuse of the judicial process. Their purpose is clear: to address situations unforeseen by the legislature, offering flexibility where the codified law may lack specific guidance. Such powers allow the court to act ex debito justitiae—out of a duty to justice—when the procedural code does not provide for a particular situation. However, it is crucial that these powers are exercised judiciously, avoiding any arbitrary application. They are capable of being implemented ex debito justitiae in the scenarios of the code's lack of provisions. But these oughts to be utilized properly and without any degree of arbitrariness.
The word “Inherent” is a word with broad meaning. It basically says that something is unseparated from its atom, it is a feature that remains with it, it is the main component, it is a characteristic, or it can be given to a person or an office as a benefit or a privilege. Therefore, inherent powers are such powers or can be called as rights that are not separable from courts and are some of the tools which a court may use to achieve justice between the parties involved.
