Maqbul Ahmad vs Onkar Pratap Narain Singh on 7 February, 1935
The Code of Civil Procedure is undoubtedly
not exhaustive: it does not lay down rules for
guidance in respect of all situations nor does it
seek to provide rules for decision of all
conceivable cases which may arise. The civil
courts are authorised to pass such orders(as may
be necessary for the ends of justice, or to
prevent abuse of the process of court, but where
an express provision is made to meet a particular
situation the Code must be observed, an departure
therefrom is not permissible. As observed in L. R.
62 I. A. 80 (Maqbul Ahmed v. Onkar Pratab) "It is
impossible to hold that in a matter which is
governed by an Act, which in some limited respects
gives the court a statutory discretion, there can
be implied in
473
court, outside the limits of the Act a general
discretion to dispense with the provisions of the
Act." Inherent jurisdiction of the court to make
order ex debito justitiae is undoubtedly affirmed
by s. 151 of the Code, but that jurisdiction
cannot be exercised so as to nullify the
provisions of the Code. Where the Code deals
Expressly with a particular matter, the provision
should normally be regarded as exhaustive.