INHERENT POWERS OF COURT
U/S 151 OF CIVIL PROCEDURE CODE
MIAN ASHRAF ASMI
ADVOCATE HIGH COURT
The word “inherent” signifies a quality resident in a person borne alive. Inherent right signifies rights which abides in a person independent of extraneous aid. Rights which a person has because he is a person. The inherent power of a court is that which is necessary for the proper and complete administration of justice and such power is resident in all Courts Superior Jurisdiction and essential to their existence. “Law are general rules and cant regulate for all time to come so as to make express provisions against all the cases that may possibly happen to be before the courts for adjudication , it therefore , becomes the duty of the presiding Officer of the Court to apply the law not only to what appears to be regulated by their express disposition, but to all the cases to which a just application of them may be made and which appears to be comprehended either within the express sense of the law or within the consequences that may be gathered from it.”
(9 WR 402) alik Muhammad Qayyum, J, referring
to Mahmood , J, in classic judgement in Narisingh Das v. Mangal Dubey and other
(ILR VOL.5 Allahabad 163) held , “Courts are not to act upon the principle that
every procedure is to be taken to be prohibited unless it is expressly provided
for by the Code, but o the converse principle that every procedure is to be
understood as permissible till it is shown to be prohibited by law.” ( 1999 CLC
292: PLD 1969 S.C .65) courts are not to act upon the principle that every
procedure has to be taken as prohibited ,unless it is expressly provided for ,
but are to act on the converse principle that every procedure is to be
understood as permissible ,till it is shown to be prohibited by the law. As a
matter of general principle, prohibition cannot be presumed . Every court must ,
in the absence of an express provision to the contrary, be deemed to possess
inherent in itself such powers as are necessary to do right and to undo wrong
in the course of administration of justice.
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WRITER IS A
PRACTICING LAWYER
