Law:

Section:

(a) Appeal (civil)-------- ----Jurisdiction of Appellate Court---Appeal is the continuation of the original proceedings and the Appellate Court can exercise all the powers and jurisdiction conferred on the Court of original jurisdiction and can make all the orders which the original Court could have made or was empowered to make. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R.33---Powers of Appellate Court---Adjusting and re-adjusting right and interest of parties---Scope---Appellate Court under the provisions of O.XLI, R.33, C.P.C. has been fully empowered to do complete justice and can pass any decree or order---Said provision empowers the Appellate Court to ignore such technicalities which tend to defeat the ends of justice and to remove all hurdles---Order XLI, R.33, C.P.C. empowers the Appellate Court to interfere where it becomes necessary to adjust or re-adjust the right and interest of the parties or for settlement of mutual rights and obligations of the parties in accordance with the justice, equity and good conscience. (c) Civil Procedure Code (V of 1908)--- ----S. 151---Inherent powers of Court---Object and scope---Situation where the power is to be exercised---Principles. Inherent power has been preserved to meet a situation where no express provision of law is applicable and such power can be exercised if there is no specific prohibition for a particular act. Such power under the provisions of section 151, C.P.C. cannot be exercised to further injustice and the same is to be exercised for making such orders as may be necessary for the ends of justice. This inherent power is necessary because the human conduct and the varying situations in human society ate so numerous, unpredictable and sometimes so complicated that any system of law and the general rules contained therein cannot regulate for all the times to come; each and every situation arising in peculiar circumstances and thus, it is not possible to make express provisions for all the situations that may possibly happen. It is the duty of the Courts to apply law, not only to what appears to be regulated by their express proposition, but to all the cases to which a just application of…

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