Section 151 — Saving of Inherent Powers of Court

 

📜 Section 151 — Saving of Inherent Powers of Court

Text:
"Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court."

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🔍 Explanation

Section 151 preserves the inherent powers of the civil court, meaning even if something is not specifically provided in the CPC, the court can act on its own to:
✅ Ensure justice is served
✅ Prevent misuse or abuse of the court process

It gives the court flexibility to fill gaps where the CPC does not expressly provide a remedy.

This power is discretionary and extraordinary, used only when:

• There is no specific provision under the CPC

• Strict application of procedural rules would result in injustice

• There’s a need to correct procedural defects or prevent miscarriage of justice

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⚖️ Key Points

• It cannot override express provisions of the CPC.

• It is not a substitute for appeals or revisions.

• Common uses include:

  • Recall of orders obtained by fraud

  • Correction of procedural errors not covered by other sections

  • Consolidation of suits for judicial efficiency

  • Staying proceedings to prevent injustice

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📚 Important Case Law

• Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal (AIR 1962 SC 527)
  → Supreme Court held that the inherent powers can be exercised to meet the ends of justice even if not explicitly provided under the Code.

• Arjun Singh v. Mohindra Kumar (AIR 1964 SC 993)
  → Held that inherent power cannot be exercised to override specific provisions of the CPC.