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Inherent Powers to Restore (Order IX)

Jurisdictional & Appellate Practice Terms

Definition

The application of Section 151 CPC alongside Order IX rules, enabling a civil court to restore suits, appeals, or applications dismissed for procedural default where strict statutory forms do not cover the specific injustice.

Example

An application for setting aside an ex-parte decree is itself dismissed for default due to a sudden power outage in the court; the court invokes its inherent powers under Section 151 CPC to restore the restoration application.