Source: Allahabad High Court

Why in News?

Recently, the Allahabad High Court in the matter of Committee of Management Anjuman Intezamia Masajid Varanasi v. Shailendra Kumar Pathak Vyas and Anr., has held that when the Code of Civil Procedure, 1908 (CPC) is silent regarding a procedural aspect, the inherent power of the Court can come to its aid for doing real and substantial justice between the parties.

What was the Background of Committee of Management Anjuman Intezamia Masajid Varanasi v. Shailendra Kumar Pathak Vyas and Anr. Case?

• In this case, two appeals were filed before the Allahabad High Court by Anjuman Intezamia Masjid Committee (Masjid Committee) challenging the orders passed by the Varanasi Court, directing the District Magistrate to make appropriate arrangements within seven days for Hindus to conduct worshipping rituals inside one of the sealed basements called Vyas ji tehkhana , inside the mosque premises.
• These appeals were heard together with the consent of both the parties and were dismissed later.

What were the Court’s Observations?

• Justice Rohit Ranjan Agarwal observed that CPC is not exhaustive, the simple reason being that the Legislature is incapable of contemplating of all the possible circumstances which may arise in any future litigation and consequently, for providing the procedure for them. It is well established that CPC is silent regarding a procedural aspect, the inherent power of the Court under Section 151 of CPC can come to its aid for doing real and substantial justice between the parties.
• It was further held that Section 151 and Section 152 of CPC must be taken as procedural laws exist to do substantial justice between the parties. It was held that Section 152 not only provides an opportunity to correct an omission on the part of the Court but also enables corrections of inadvertent mistakes made by the parties in their pleadings.

What are the Relevant Legal Provisions Involved in it?

Section 151 of CPC

About:

• This section deals with the saving of inherent powers of Court.
• It states that 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.
• This section does not confer any substantive rights on parties but is meant to get over the difficulties arising from rules of procedure.

Case Law:

• In Ram Chand v. Kanhayalal (1966), the Supreme Court held that the inherent powers under Section 151 of CPC can also be exercised to prevent the abuse of the process of court.

Section 152 of CPC

About:

• This section deals with the amendment of judgments, decrees or orders.
• It states that clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.
• This section is based on two important principles:
  • An act of court should not prejudice any party.
  • It is the duty of the courts to see that their records are true, and they represent the correct state of affairs.

Case Law:

• In the case of Sampuran Singh v. Nandu (2004), the Punjab and Haryana High Court held that Section 152 of CPC is based on a laudable principle that an act of the Court shall prejudice no party and that the Courts have a duty to see that their records are true and represent the correct state of affairs.