Section 151 of Civil Procedure Code
Section 151 of CPC reads:
Saving of inherent powers of the code:- Nothing in this code shall be deemed to limit or
otherwise effect the inherent powers of the court to make such orders as may be necessary for
the ends of the justice or to prevent abuse of the process of the court.
The Court has inherent powers to make orders -necessary –secure the ends of the Justice –
prevent the abuse of the process of the court .
Power –real and substantial justice to the parties- Mohammad Salim v. Smt .Shahin Sah
.,AIR 2006 Raj. At . P.204
Section 151 does not confer any power. It merely indicates that court possesses such inherent
powers .
This power can be used only on exceptional circumstances in which there is no
express/implied procedure in the code . It cannot be exercised when there is specific
provisions in the code.
Also, while exercising under section 151 , the court should make sure that it is not expressly
prohibited by any provisions of the code.- Damodar Pillai v. South Indian Bank AIR 2005
SC 3460: (2005) 7 SCC 300
The main purpose of this power is to “secure the Justice” and “prevent the abuse of the
process of the court”.
No application by any party is required to invoke the inherent jurisdiction of the court under
section 151 in order to set the motion of the machinery of the court – G.Christhudas v.
Anbiah AIR 2003 SC 1590
Object – supplement – not to evade other expression provision of Law –State of U.P v.
Roshan Singh (2008) 2 SCC 488
K.K.Velusamy v. Palaniswamy –
1. Not substantive
2. Not exhaustive
3. No legislative guidance – discretion and wisdom of the court – power should be used
with care
4. Inherent Power should be exercised – consistent with the provisions of the code.
END OF JUSTICE
This term end of the justice is not defined in the CPC .
Depends upon the facts and circumstances of the case and requirement of justice – Naresh
Shridhar v. State of Maharashtra AIR 1967 SC 1
1. Court can recall its own orders –correct mistakes- Keshardeo v.Radha Kissen AIR
1953 SC 23
2. Courts-Temporary injunction –not covered by order 39 –Manohar Lal Chopra V
Seth Hiralal AIR 1962 SC 527
3. Trial in Camera- prohibit excessive publications – Naresh Shridhar v. State of
Maharashtra AIR 1967 SC 1
4. Extend time –payment of fees
5. Can restore the suit and hear it on merits.
6. Courts can issue sue moto
ABUSE OF PROCESS OF COURT
The term “abuse of the process of the court‟ is also not defined in the CPC.
Thathu Naick v. Kondu Reddi, I.L.R. 32 Mad. 242 -abuse of the process is defined - “Abuse
of processes in connection with the actions, means using some process of the court
maliciously to the injury of the person”
Kanai Law Shaw v. Bhathu Shaw., A.I.R. 1984 SC 241 - no one should be deprived from the
justice - actus curiae neminem gravbit - an act of the court shall prejudice no one.
LIMITATIONS
Inherent Power – wide and residuary in nature .
Use – Purpose vested
Nawabgani Sugar Mills Co.Ltd. v.Union of India – Judge is not wholly free to give
judgement according to his discretion.
Certain limitations are ,
1. Should not be used - Code of Civil Procedure deals expressly with a particular matter-
2. Should not be used -prohibited or excluded by the code or other statutes
3. Should not – reopen the settled matter- State of West Bengal v. Karan Singh Binayak
AIR 2002 SC 1543
4. Inherent Power – diligent - Somar Bhuiya v. Kapil Kumar AIR 1974 Pat 289
5. Only for -ends of justice – prevent the abuse of the process of court – necessity
CONCLUSION
Inherent power – not absolute – it is discretionary – not arbitrary
Complimentary – addition- powers expressly conferred by the code
Not be inconsistent
The two points is very important in the regard of the nature of these inherent powers
1. These powers cannot override the general principal of the law
2. These powers cannot override the express/ implied provision of the code
Only in rare and rarest cases
Court cannot vest in itself the jurisdiction which it does not have.
