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Inherent power is specific capacity / power of defined authority to deal
with particular issues to ensure its expected level. In terms of judicial
system, some courts exercise inherent power (special capacity) to prevent
injustice and to ensure justice. But this power can not be used arbitrarily
and whimsically, it should follow juridical prudence, i.e. equity, justice
and good conscience.
Nothing in the Code of Civil Procedure 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. ….. [Section 151 of the Code of Civil Procedure, 1908 (v of
1908)]
As a general rule the powers of the Court under section 151 are not to be
invoked where specific provision in the Code covers a particular case or
there is alternative remedy. But the Civil Court has ample reserve of its
inherent powers to do what meet the ends of justice when fraud is committed
on the Court itself. ….. [Mrs. Shahrbanoo and another vs. Mrs. Lailun
Nahar Ershad &others, 13 BLD (HCD) 1]
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