Every procedure is permitted to the court for doing justice unless expressly prohibited

Narendra Sharma, Consultant (Legal)

Recently, hon’ble Supreme Court in RAJENDRA PRASAD GUPTA V. PRAKASH CHANDRA MISHRA & ORS. {(2011) 2 SCC 705; Civil Appeal No(s). 984 of 2006-Decided on 12-01-2011} has held as follows (in para 2).

2. Rules of procedure are handmaids of justice. Section 151 of the Code of Civil Procedure gives inherent powers to the court to do justice. That provision has to be interpreted to mean that every procedure is permitted to the court for doing justice unless expressly prohibited, and not that every procedure is prohibited unless expressly permitted.

Author:

Narendra Sharma, Consultant (Legal)

E-mail: nkdewas@yahoo.co.in

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