Section 148 of code of civil procedure 1908 enlargement of time where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may, in its discretion, from time to time, enlarge such period, even though the period originally fixed or. Proposed amendments in section 89a and order x civil procedure code 1908. Nothing in this code shall be deemed to limit or otherwise affect the. Code of civil procedure, 1908 bare acts law library. The powers of the courts under order i rule 10 cpc are unfettered and this discretionary power may be exercised by the courts at any stage. Inherent powers of the court under civil procedure code, 1908. Code of civil procedure 1908 section 151 sortby recent. Revenue court in sub section 1 means a court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural purposes, but. The civil procedure code was passed in 1908 and came into force from 1st january 1909. Saving of inherent powers of court nothing in this code shall be deemed to limit or. Revenue court in subsection 1 means a court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for.
In the cpc 1908 section 647 was reenacted with the following modification. Appendix i proposals as shovvn in the form or draft amendments ro the existing com. Civil procedure code, 1908, section 151 consolidation of suits can be allowed in exercise of power us 151 cpc where a common question of fact and law arises and the same is. Legal provisions of section 152 of code of civil procedure. Section 151 cpc, discretionary powers a judge article legal. The inherent jurisdiction of the court under section 151 of the civil procedure code can be invoked subject to the rule that if the code contains specific provisions, which would meet the necessities of the case, such provisions should be followed, instead of invoking the inherent. This is a tentative draft only section 1 5 of 1903 in section 1 of the code of civil procedure, 1908 here inafter referred to as the principal act, for subsection 3, the following subsection shall be substituted, namely. Section 36 to 74 and order 21 covers the execution of decrees. Code of civil procedure 1908 miscellaneous, interest,cost, exemption from appearance, caveat, inherent powers of court 1.
The code of civil procedure 1908 lecture assignment point. Legal provisions of section 151 of code of civil procedure. Section 153 a of cpc civil procedure code 1908 international journal of pure and applied mathematics special issue. The issuing of the commission is exhaustive in nature and is the inherent power of the court given under section 151 of code of civil procedure 1908, therefore court cannot issue on any other case. The scope of section 151 has been explained by the supreme court in several decisions which was summarised by the supreme court itself in the case of k. Revenue court in sub section 1 means a court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for. Legal provisions of section 152 of code of civil procedure, 1908 c. This provision being a part of procedural law requires a liberal interpretation to advance. Counterclaim by defendant 1 a defendant in a suit may. Code of civil procedure 1908 miscellaneous, interest,cost. In this act, unless there is anything repugnant in the subject or context. This act may be cited as the code of civil procedure, 1908.
Section 151 deals with saving of inherent powers of court. Revenue court in subsection 1 means a court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural purposes, but. Civil procedure code cpc 1908 in hindi part 1 1908 1. When a plaintiff takes a hostile stand against the common cause and interest of other co. Inherent powers of the court under the cpc academike lawctopus. Section 151 of the code of civil procedure is relevant in this connection.
Civil procedure code 1908 cpc section 148153b inherent powers of the court in cpc are defined from section 148 to 153b. Code of civil procedure 1908 it comprises of main act and the rules framed under section 121 cpc. Nothing in this code shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. Order vi rule 17 read with order i rule 10 and section 151. Proposed package of amendments in civil procedure code. Proposed amendment in section 11 civil procedure code, 1908. It was amended in 1877 and, subsequently, in 1882, however, those amendments did not serve the purpose, therefore, the present code of civil procedure was enacted in 1908. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse. Section 151 cpc, discretionary powers a judge article. Rep by the code of civil procedure amendment act, 1956 66 of 1956, s. Suits in general jurisdiction of the courts and res judicata section9. Where permanent injunction has not been sought for in the suit itself, no interim preventive injunction can be.
Application under order 5 rule 20 read with section 151 civil procedure code cpc substitute process of service. Khakare vikas code of civil procedure 1908 miscellaneous dr. It merely recognises the discretionary power inherent in every court as a necessary corollary for rendering justice in accordance with law, to do what is right and undo what is wrong, that is, to do all things necessary. The first code of civil procedure was enacted in 1859 by the committee headed by mr. Legal provisions of section 151 of code of civil procedure, 1908 c. Section 22 to 25 deals with the transfer and withdrawal of suits, appeals, and other proceedings from one court to another. The consolidation of both the suits under section 151 cpc can be a solution but when a suit falls within section 10 cpc consolidation cannot be resorted topld 1999 karachi 81, pld. Show all sections the code of civil procedure, 1908 preliminary.
All about appointment of commission under code of civil. In the act, in section 151, after the word court occurring for the first time, the expression, to be exercised after recording reasons in writing, shall be inserted. What is the meaning of saving of inherent powers of court. The code of civil procedure, 1908 is a procedural law related to the administration of civil proceedings in india the code is divided into two parts. Code of civil procedure 1908 section 151 judgments. Section 148 and 148a of code of civil procedure 1908. Review is a provision under section 114, which states. Code of civil procedure 1908 punjab judicial academy. Application under order 5 rule 20 read with section 151.
Basically it is the discretionary power of the judges which depends on the satisfaction of the judges and regulated by under section 151 of the code of civil procedure 1908. This section empowers the court to allow a party to make up the deficiency of court fees payable on a plaint or memorandum of appeal etc. What is the power to make up deficiency of courtfees. Under section 3 3 a of the sonthal parganas settlement regulation 3 of 1872. The provisions of this code relating to the execution of decree including provisions relating to payment under a decree shall, so far as they are applicable, be deemed to apply to the execution of. Inherent powers of a civil court new law college, pune. Cpc 1908section 121 to 157 code of civil procedure 1908. Section 11 talks about the provisions of resjudicata. Type of case application under order 5 rule 20 read with section 151 civil procedure code cpc for effecting the service of the respondent defendant opposite party by way of substitute process of service. This section states that nothing in cpc shall be considered to restrict or otherwise affect the inherent power of the court to make such orders as may be important for the ends of justice or to limit abuse of the method of the court.
It is also true that there is no express provision in the civil procedure code for recalling the order under section 115, c. An act to consolidate and amend the laws relating to the. Power to amend decree or order where appeal is summarily dismissed. Saving of inherent powers of court nothing in this code shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. Civil procedure code,1908 overview of the bare act. The scope of section 151 cpc has been explained by the supreme court in the case k. Cpc acknowledges the powers along with limitations on the courts but.
647 1244 1695 1429 1299 316 1048 253 1468 937 830 330 34 521 614 1005 1533 1232 905 379 720 52 123 1470 193 1289 1073 916 37 366 420 195 397 349 488 552 1488 381 721 256 338 608 1371 281 1104 1081 1262