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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

A party to a pending civil suit files an application asking the Court to pass an order that no specific provision of the Code covers, but which is needed to prevent abuse of the process of the Court. Under the Code of Civil Procedure, 1908, which provision preserves the Court's power to pass such an order?

Section 151 preserves the Court's inherent power. Nothing in the Code limits the Court's power to make orders necessary for the ends of justice or to prevent abuse of its process, so it covers situations where no specific provision applies.

  1. ASection 151, which saves the inherent power of the Court to make orders necessary for the ends of justice or to prevent abuse of its processCorrect
  2. BSection 141, which applies suit procedure to miscellaneous proceedings
  3. CSection 108, which governs appeals from appellate decrees and orders
  4. DSection 129, which empowers High Courts to frame rules for original civil procedure

Explanation

Section 151 states that nothing in the Code limits or affects the inherent power of the Court to make orders necessary for the ends of justice or to prevent abuse of its process. Section 141 only extends suit procedure to other proceedings, so it does not itself confer power to pass such orders.

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