The inherent powers of the court under Section 151 of the CPC cannot be used to override the express provisions of the CPC.

( 1 ) THIS revision is directed against an order passed by the learned Subordinate Judge, Nizambad, in I. A. No. 573 of 1976 in O. S. No. 24 of 1974 on the file of his Court. The petitioner is the defendant whose defence in the suit was ordered to be struck off.

( 2 ) THE respondent instituted the suit against the petitioner for partition of the plaint schedule properties into two equal shares and for separate possession of one share claiming to be the adopted son of the petitioner. Along with the suit, he filed I. A. No. 175 of 1974 for appointment of a receiver to take possession and to manage the lands of the joint family. The petitioner opposed the application. The Court refused to appoint a receiver, but directed the petitioner to deposit a sum of Rs. 18,900. 00 per annum before the end of March every year commencing from March, 1975. The petitioner filed C. M. A. No. 627 of 1974 in this Court stating that the income of the lands, as estimated by the Court, was highly excessive. The High Court allowed the appeal by reducing the deposit amount of Rs. 18,900. 00 per annum to Rs. 12,000. 00 per annum. During the pendency of the appeal, the petitioner deposited Rs. 8,000. 00 and later on he deposited two sums of Rs. 4,000. 00 and Rs. 2,000. 00. He did not however deposit any amount subsequently, though he had to deposit totally Rs. 48,000. 00 for the years 1975 to 1978. He filed I. A. No. 195 of 1976 in the Court of the Subordinate Judge requesting that the order directing deposit of Rs. 12,000. 00 may be modified so as to reduce the amount; but the Court dismissed the application. As the petitioner was not depositing any amounts, the respondent filed I. A. No. 573 of 1976 for appointment of a receiver, the petitioner opposed the application. The Court finally passed the impugned order dated 20-9-1976 and it reads :"it is ordered that the defence of the respondent (petitioner herein) be struck out u/s. 151 C. P. C. as from 20-10-1976 if by that date he fails to make the deposit ordered by the High Court in A. A. O. No. 627 of 1974. No receiver can be appointed. No order as to costs. Petition ordered accordingly. "

( 3 ) THE petitioner is the defendant in a suit for partition. He is in possession of the suit lands. When the plaintiff sought the appointment of a receiver, he opposed the application. To safeguard the interests of the plaintiff, the High Court directed him to deposit an amount of Rs. 12,000. 00 every year. He is not depositing the amount even though several years have passed. The trial Court directed that his defence should be "struck out" if he does not comply with the order of the High Court by a particular date. The question is, whether, under these circumstances, the Court has jurisdiction to strike out the defence in the exercise of its inherent powers under Section 151, C. P. C.

( 4 ) THE Civil P. C. was enacted to regulate the proceedings of the Courts of Civil Judicature in the country. As can be seen from the preamble, it is a consolidating and amending statute of all the laws relating to the procedure of the Courts. The Courts in India are essentially Courts of equity and justice. Powers to pass orders necessary to secure the ends of justice or to prevent abuse of the process of the Court are inherent in the very constitution of the Courts. Being aware of the possibility of the various provisions in the Code, not being exhaustive enough to cover all the infinite situations that might arise, the Legislature has expressly provided under S. 151 that nothing in the Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. The saving provision does not enable the Courts to pass orders in conflict with the express provisions of the Code. It does not also permit the Courts to pass orders which may tantamount to making new law on any subject that is specifically dealt with unde

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