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Which statement describes the inherent procedural powers saved by section 151 of the Code of Civil Procedure, 1908?

Question and options

Which statement describes the inherent procedural powers saved by section 151 of the Code of Civil Procedure, 1908?

  1. It saves inherent procedural powers for High Courts alone when they apply the Code

  2. It saves inherent procedural powers for District Courts alone when they apply the Code

  3. It permits a court to disregard an express procedural provision of the Code

  4. It saves a court’s inherent power to act for the ends of justice or to prevent abuse of process

Answer and explanation

Correct answer: D - It saves a court’s inherent power to act for the ends of justice or to prevent abuse of process

Section 151 preserves the inherent power of a civil court applying the Code to make procedural orders necessary for the ends of justice or to prevent abuse of its process. That power cannot override an express provision of the Code.

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