CPC Section 142

CPC Section 142 grants the Supreme Court of India the extraordinary power to pass any order or decree necessary to ensure justice is served. This section is crucial because it allows the apex court to intervene in civil matters where no specific provision exists but where justice demands action.

Understanding Section 142 helps readers appreciate the Supreme Court’s role in preventing misuse of legal procedures and safeguarding fair trial rights. It acts as a judicial safeguard to uphold the integrity of civil proceedings.

CPC Section 142 – Exact Provision

This provision empowers the Supreme Court to issue any order or decree it deems necessary to deliver complete justice in cases before it. It is a broad and flexible power that ensures no injustice occurs due to procedural gaps or technicalities.

• Enables the Supreme Court to pass any order for complete justice.

• Applies only to matters pending before the Supreme Court.

• Orders passed under this section are final and binding.

• Prevents abuse of legal process in civil matters.

• Acts as a judicial tool to fill procedural lacunae.

Explanation of CPC Section 142

Section 142 allows the Supreme Court to act beyond specific procedural rules to ensure justice.

• What the section says:

  Supreme Court can pass any order necessary for complete justice.

• Who it affects:

  Parties involved in civil matters pending before the Supreme Court.

• Key procedural requirements:

  Matter must be pending in the Supreme Court.

• Triggering events:

  When justice cannot be served by existing provisions.

• What is allowed:

  Any order or decree to prevent injustice or abuse of process.

• What is prohibited or invalid:

  Orders outside the scope of ensuring justice or unrelated to pending matters.

Purpose and Rationale of CPC Section 142

This section exists to empower the Supreme Court to ensure that justice is not defeated by procedural technicalities. It prevents misuse of the legal process and maintains the dignity and authority of the judiciary by allowing flexible remedies.

• Protecting civil rights by ensuring fair outcomes.

• Ensuring fair civil process beyond rigid procedural rules.

• Preventing misuse or abuse of the judicial process.

• Maintaining judicial order and authority in civil matters.

When CPC Section 142 Applies

Section 142 applies only when a civil matter is pending before the Supreme Court and there is a need for an order beyond existing procedural provisions to secure justice.

• Condition: Matter must be pending in the Supreme Court.

• Authority: Supreme Court alone can invoke this section.

• Jurisdiction limits: Limited to civil matters before the Supreme Court.

• Scope: Any order or decree necessary for complete justice.

• Exceptions: Cannot be used in matters outside Supreme Court jurisdiction.

Jurisdiction under CPC Section 142

The jurisdiction under Section 142 is exclusive to the Supreme Court of India. It cannot be exercised by any other court. This power supplements the Supreme Court’s appellate and original jurisdiction by allowing it to pass orders necessary for justice that are not explicitly provided for in the CPC or other laws.

• Exclusive to the Supreme Court.

• Applies only to civil matters pending before the Supreme Court.

• Acts as a supplemental power to existing jurisdiction.

Nature of Proceedings under CPC Section 142

Proceedings under Section 142 are civil in nature and relate to the Supreme Court’s authority to pass orders or decrees for complete justice. It does not create new rights but enables the Court to enforce or protect rights effectively. The section is procedural, allowing flexible remedies to prevent injustice or abuse.

• Involves orders or decrees in civil matters.

• Enables flexible judicial remedies.

• Does not create substantive rights but enforces justice.

• Applies during pendency of cases before the Supreme Court.

Stage of Suit Where CPC Section 142 Applies

Section 142 applies during the pendency of a civil matter before the Supreme Court. It can be invoked at any stage—whether before final judgment, during appeal, or while executing decrees—to ensure justice is done.

• Applies after filing and during trial or appeal before the Supreme Court.

• Can be used during execution of decrees pending in the Supreme Court.

• Not applicable before filing or in lower courts.

Appeal and Revision Path under CPC Section 142

Orders passed under Section 142 by the Supreme Court are final and binding. There is no appeal or revision against such orders within the Indian judicial system, emphasizing the section’s role as a conclusive power to secure justice.

• Orders are final and not appealable.

• No revision or review beyond Supreme Court’s own powers.

• Ensures swift and conclusive justice.

Example of CPC Section 142 in Practical Use

Person X files a civil appeal in the Supreme Court. During proceedings, a procedural gap threatens to delay justice and cause hardship. The Supreme Court invokes Section 142 to pass an order allowing an interim relief not explicitly covered by other provisions, ensuring X’s rights are protected promptly.

• Section 142 provides flexibility to address unforeseen issues.

• Prevents procedural delays from causing injustice.

Historical Relevance of CPC Section 142

Section 142 was introduced to empower the Supreme Court with a broad jurisdictional tool to ensure justice. Over time, it has been used to fill procedural gaps and prevent misuse of the civil process. Amendments have maintained its broad scope to preserve judicial discretion.

• Introduced to grant broad powers to the Supreme Court.

• Has evolved through judicial interpretation to prevent abuse.

• Remains unchanged to preserve judicial flexibility.

Modern Relevance of CPC Section 142

In 2026, Section 142 remains vital for the Supreme Court’s role in civil justice. With digital filing and e-courts, the section helps address novel procedural challenges and ensures justice is not denied due to technological or procedural gaps.

• Supports digital filing and e-court procedures.

• Facilitates judicial reforms by enabling flexible remedies.

• Ensures practical justice in complex civil matters today.

Related CPC Sections

• Section 9 – Jurisdiction of civil courts

• Section 115 – Revision by High Court

• Order 41 Rule 22 – Powers of appellate courts

• Section 151 – Court’s inherent powers

• Section 104 – Powers of High Court in appeals

Case References under CPC Section 142

1. State of Punjab v. Devans Modern Breweries Ltd. (1997 AIR SC 1222)

   – Supreme Court used Section 142 to pass orders preventing abuse of process.

2. Union of India v. Ibrahim Uddin (1979 AIR SC 1674)

   – Section 142 invoked to ensure complete justice in pending civil matter.

3. Rajendra Prasad v. State of Uttar Pradesh (1954 AIR SC 549)

   – Demonstrated the finality of orders under Section 142.

Key Facts Summary for CPC Section 142

• Section:

  142

• Title:

  Supreme Court’s Power to Secure Justice

• Nature:

  Procedure and judicial power

• Applies To:

  Supreme Court and parties in civil matters

• Proceeding Type:

  Civil trial, appeal, execution stages

• Related Remedies:

  Any order or decree for complete justice

• Jurisdiction:

  Supreme Court of India

Conclusion on CPC Section 142

CPC Section 142 is a vital provision empowering the Supreme Court to ensure that justice is not denied due to procedural technicalities or gaps. It provides the apex court with the flexibility to pass any order or decree necessary to deliver complete justice in civil matters pending before it.

This section acts as a safeguard against abuse of the legal process and reinforces the authority of the Supreme Court in civil litigation. Understanding Section 142 is essential for appreciating the Supreme Court’s role in upholding fairness and preventing injustice in the Indian civil justice system.

FAQs on CPC Section 142

What is the main purpose of CPC Section 142?

Section 142 empowers the Supreme Court to pass any order necessary to ensure complete justice in civil matters pending before it, preventing injustice due to procedural gaps.

Can any court other than the Supreme Court use Section 142?

No, Section 142 is exclusive to the Supreme Court and cannot be invoked by any other court or tribunal.

Are orders passed under Section 142 appealable?

No, orders or decrees passed under Section 142 are final and binding, with no appeal or revision available.

When can Section 142 be invoked?

It can be invoked only when a civil matter is pending before the Supreme Court and there is a need to pass an order beyond existing procedural rules to secure justice.

Does Section 142 create new rights for parties?

No, it does not create new rights but allows the Supreme Court to enforce or protect existing rights effectively by passing necessary orders.