IN HEREN T POWERS OF THE CoURT
c t o n S1. aving of hersrt pooea e t r e b u t
NDturg
rug this Code ahall be daomed 6 lmit or otteroe
in t
he
4/nert be
fose q te ceot make ouoh ovckrs c ry De
e d s justie a o preuent obuse &e poceas
9PC i rot exhauzgie. , oust must act
ten re aggurpson inhsitfe to
6 ordray rlas bwedure eJult in injusice n ary ee and
o oter remecdey, t she dert, o the tot e oernde
Hose ulas tpr achuurg tte erds jste
Sectinn (S a
savirg clauue Jhe nhentnt pxOr has NOT bezn
Conterrec n te lowt; t y u pwa inherant in te
Pyvishu t s dhty to de jstie betteun tte pent
be
Mandhar Lal vs Seth Hia lal AlR 1962 SC 527
Bec 1Si dos 7ot Corke
powe on Cout; it enly acknoalecge
te inhoart powos
e cout b virtue e is beirg ajudicial recogni2es
o debenge jusice um meort
Howewes, hu pobuisicn dbe rot empowe a but o do tat whioh
is hibrigea by te lode.
7 urherert jursd oten e Cont muat be
oerciged subject e
ule rot i the Gde does
do rtzin seciku proviienu ich cosl
recos8igieg tra Cae, uch hould be
mal
proiaers loes ond h
nherent jurudicticn shoehl nst be
irunked
Sec SI Grnst be invisked hee a
pony hos hia amedy Frouide!
lseher n he s t Code and he nglecti to awad
EQuITy AIDS THE UGIANT AND NOT THE NDOLANT
humel e s
kuother, uhe the opicart did rst Cme o out todt e
hands and had supressed the kacl, e inkoart foae clean
be crercged rt
Inherent power, when exercised
The following are some of the instances in which inherent
been exericised by the Court:
jurisdiction ho
(a) in applying the principles of res judicata to cases not falling within
11 of the Code,
(b) in taking cognizance of the questions which cut at the root
of tha
subject-matter of the controversy between the parties:
(c) in causing restitution to be made on the reversal of a decree:
(d) in restoring a suit dismissed for default in cases not
provided for by
[Link], r. 9,
(e) in
setting aside an order obtained by fraud practised upon the
(6) in allowing a defence in forma pauperis; (g) in
Court
and appeals, even without the consent of the consolidating suits
parties;
(h) in ordering joint trials of suits;
o() in
amending decrees and orders in cases not covered by S. 152;
G) in issuing an injunction in cases not falling under O.
XXXIX;
(k) in staying a suit, even if it does not strictly fall within s. 10.
Inherent power, when not exercised
The following are a few illustrations when the Court has declined
exercise its inherent power under S. 151. to
has no Thus, it has been held that the
Court
inherent jurisdiction-
91. to grant interim
relief, which properly ought to be
granted only by
decree and after the
determination of the points in controversy: the
2 to compel a
party to a suit to submit to a medical
blood test; examination or a
3. to set aside an
ex-parte decree,
4. to strike out a
defence;
5. to restore an
election petition dismissed for
6. to restore a suit default
dismissed for default for
under O. VII, r. 11. non-payment of Court-tee
e 7. to vary a
consent dectree
an absolute estate; conferring a limited estate into one giv
MISCELLANEOUS 317
to remit an award for engrossing
it on stamp paper and registering
8.
it
seize account books in the possession
to appointa Commissioner to
9
of the plaintiff,
matter within
given by the revenue court on a
10. to set aside finding
a
its exclusive jurisdiction.
on whether an appeal lies
against
Appeal:There isa conflict of opinion
The Madras High Court
inherent jurisdictionofthe Court.
an ordermade
in the order [Link] S.151, but the
wouldlie froman
has held that an appeal Courts have laid down that no appeallies from
an
Lahore and Patna High jurisdiction ofthe
Court.
the inherent
order passed under
U I D G M E N T S , DECREES OR ORDERS
T
