Rajendra Prasad Gupta vs Prakash Chandra Mishra & Ors on 12 January, 2011
33. Moreover, it is also to bear in mind that rules of procedure are
handmaids of justice, not its mistress. The Supreme Court in Rajendra
Prasad Gupta v. Prakash Chandra Mishra 8 held that Section 151 of CPC
has to be interpreted to mean that every procedure is permitted to the Court
Signature Not Verified Signature Not Verified
Signed By:NEHA CHOPRA Signed
Signing Date:10.09.2025 By:PURUSHAINDRA
10:54:02 CS(OS) 1159/2014 Page 15 of 22
KUMAR KAURAV
for doing justice, unless expressly prohibited, and not that every procedure is
prohibited unless expressly permitted. This principle has stood the test of
time in matters of procedure and has been developed as a thumb rule. The
principle is well established that when CPC is silent regarding a procedural
aspect, the inherent power of the Court can come to its aid to act ex debito
justitiae for doing real and substantial justice between the parties.