R.B. Mehrotra, J. - (1.) THIS is a writ petition under Article 226/227 of the Constitution of India against the order passed by the Addl. District Judge/Special Judge, Etawah, dated 13 -11 -1987 dismissing the Petitioner's application for taking additional evidence in a small [cause revision pending before the judge concerned.
(2.) BY the impugned order, the Special Judge has taken a view that in view of the Division Bench decision of this Court in Babu Ram v. The Addl. District Judge Dehradun, 1983 ARC 15, the revisional court has got no jurisdiction to admit any additional evidence in a small causes revision. The question which require consideration in the present matter is whether the revisional court exercising jurisdiction under Section 25 of the provincial Small Cause Courts Act, 1887 has got any power to admit additional evidence in the revision pending before it. The Division Bench of this Court, referred to above, which has been relied upon in the impugned order, held: Order XLI Rule 27 of the Code of Civil Procedure confers right on a court of appeal to admit additional evidence. But, since that order has expressly been excluded from application to Provincial Small Cause Courts Act, neither. Order XLI Rule 27 in terms nor in principle can be applied for taking additional evidence. So far as a revision under Section 25 of the Provincial Small Cause Courts Act is concerned, the Court has a much narrower power than that of the first appellate court. Under Section 25 the Court cannot interfere only when the decree or order made in any case decided by a Court of Small Causes was not according to law. Order XLI Rule 27 cannot, therefore, be pressed in service for admitting additional evidence in revision under Section 25 of the Provincial Small Cause Court Act. The question that next arises is whether additional evidence can be admitted in a case under Section 25 by a court in exercise of its inherent jurisdiction Section 17 as observed above, requires the procedure laid down by the Code of Civil Procedure to be followed in all suits and in all proceedings pending out of such suits. Section 151 is not one of the provisions mentioned in the list excluded from application to the Courts constituted under the Small Cause Courts Act, 1887. Hence, Section 151, since it has not been excluded, applies which preserves the inherent powers of the court. Every court is constituted for the propose of doing justice according to law and must therefore be deemed to possess as a necessary corollary, and has inherent in its very constitution, all such powers as may be necessary to do the right and undo the wrong in the course of the administration of justice, 6 Moor. Ind. App. 393. In fact, Section 151 does not confer but only saves the inherent jurisdiction. An inherent power is right, ability or faculty of doing a thing without its being delivered or conferred. The inherent power of a Court to do justice in fact, flows from the well recognized principle of equity, justice and good conscience which applies to courts deciding a suit under the Small Cause Courts Act. Section 40 of the Bengal and Assam Civil Courts Act, 1987 gives a list of various sections of the said Act applicable to Courts of Small Causes, one of the sections mentioned is Section 40 is Section 37. Sub -section (2) of Section 37 which is relevant for our purposes, is quoted below: In cases not provided for by Sub -section (1) or by any other law for the time being in force, the Court shall act according to justice, equity and good conscience. A court of Small Causes therefore is also required to keep in view justice, equity and good conscience while deciding a suit. The inherent power which has been preserved by Section 151 is only one of the many aspects of the aforesaid principle of justice, equity and good conscience. Which is to be kept in view while administering justice between the parties.
(3.) FROM the above discussion, it is clear that the Division Bench of this Court held that under inherent powers of the court for doing justice between the parties, the revisional court exercising its jurisdiction under Section 25 of the Provincial Small Cause Courts Act, has also the power to take additional evidence for doing complete justice between the parties.;