Description
Inherent powers of the court – ex debito justitiae – substantial justice – wrong citation and non-citation.
- Principle governing section 95 of the CPC – when the Code of Civil Procedure 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, on matters of procedure.
- If ordinary rules of procedure result in injustice, and there is no other remedy, they can be broken in order to achieve the ends of justice.
- Wrong citation of the law, section, sub-section and or paragraphs or non citation is fatal.
