Inherent Powers of the Civil Court under Code of Civil Procedure: Scope, Application and Limitations

Civil Law By 0

The inherent powers of a civil court under the Code of Civil Procedure, 1908, reprsenet the judiciary’s residual authority to do complete justice where the procedural framework is silent or inadequate. Rooted in Section 151 and complemented by some provisions from Sections 148 to 153-A, these powers enable courts to secure the ends of justice and prevent abuse of process. While braod in scope, such powers remain circumscribed by the principle that they cannot contravene express statutory provisions or substitute prescribed remedies. Through judicial interpretation, including cases such as Vineeta Jamwal v. Col(Retd.) Vijay Singh and Salem Advocate Bar Association v. Union of India, the courts have reaffirmed that inherent powers serve as the safety valve of the Code, preserving the balance between procedural discipline and substantive justice.