[2003 SCMR 318]
“Technicalities have to be avoided and should not be allowed to defeat the ends of justice.”

Laws are general rules, and they cannot regulate all times to come so as to make express provisions against every case that may possibly happen. It is the duty of the judges to apply the laws not only to what appears to be regulated by their express provisions, but to all cases to which a just application of them may be made, and which appear to be comprehended either within the express sense of the law or within the consequences that may be gathered from it.

In the above perspective, the provisions of Section 151 are residuary and apply where there is no express provision in the C.P.C catering to a particular situation, in order to secure the ends of justice.

INHERENT POWER OF THE COURT: U/S 151

“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 the abuse of the process of the Court.”

EXPOSITION OF THE PRINCIPLES:

The power under Section 151 can only be exercised where there is no express provision of law applicable:

1. TO SECURE THE ENDS OF JUSTICE:

The court can use its inherent power to secure the ends of justice in multiple cases, except in the following situations:

a. Where another remedy is available and the party does not adopt it or fails to pursue it.
b. Where the exercise of inherent power would interfere with the rights of a third party.
c. The power under Section 151 will not be exercised to assist a party guilty of laches.

2. TO PREVENT THE ABUSE OF THE PROCESS OF THE COURT:

It is an established principle of law that an act of the court should not prejudice anyone, nor should a party be allowed to take advantage of its own wrong.

i. Abuse of process by the Court:
Where the court, by employing a procedure, does something it never intended, resulting in a miscarriage of justice, it possesses inherent power to rectify such a mistake.

ii. Abuse of process by the Party:
Where a party abuses the process of the court by utilizing procedures to oppress or vex the opposite party, the court has the inherent power to interfere and prevent such misuse in order to uphold justice.

[2002 SCMR 1076]
“Civil Courts in Pakistan are courts of equity as well as courts of law.”

PRINCIPLES TO EXERCISE THE INHERENT POWER:

I. Inherent power can be exercised where there is no express provision of law applicable.
II. Where there is a specific prohibition of a particular act, the court cannot circumvent the prohibition by exercising its inherent powers.
III. Inherent power cannot be exercised so as to conflict with general principles of law or to defeat the provisions of the Code.

As observed by Mahmud J:

“As a matter of general principle, prohibition cannot be presumed.”

APPEAL:

Orders passed under Section 151 are not appealable under Section 104 unless they fall within the definition of a decree or an appealable order.

REVISION:

Orders passed under Section 151 cannot be revised.

LIMITATION:

The law of limitation does not bar the discretionary inherent powers of the court.