ALLAHABAD HIGH COURT: CPC NOT EXHAUSTIVE, WHERE CODE IS SILENT ABOUT A PROCEDURE ASPECT COURT'S INHERENT POWER UNDER SECTION 151 CAN COME TO ITS AID

The Allahabad High Court in the case Committee Of Management Anjuman Intezamia Masajid Varanasi vs. Shailendra Kumar Pathak Vyas And Another observed and has allowed the puja to continue in Vyas-Tehkhana underneath the Gyanvapi Mosque in UP's Varanasi District.

The court while interpreting Section 151 of the CPC, observed that as the Code of Civil Procedure 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.

Thus, it is well established that when the Code of Civil Procedure is silent regarding a procedural aspect, the inherent power of the Court as stated under section 151 of the Code of Civil Procedure, CPC can come to its aid for doing real and substantial justice between the parties.

The counsel appearing for the appellant-Mosque Committee argued before the court that under Section 152 of CPC, only clerical and arithmetical mistakes in an order or error arising therein from any accidental slip or omission could be corrected by the Court on its own motion or on the application made by a party and not otherwise.

It was also argued before the court that for correcting such errors on its own motion, the Court ought to have mentioned that it was invoking its suo-moto powers for making corrections and passing a fresh order allowing the puja.

The bench headed by Justice Rohit Ranjan Agarwal held that the basic principle of Section 151 is to act ex debito justitiae.