Code of Civil Procedure

INHERENT POWERS OF THE COURT: A tool to meet the ends of

justice.
Submitted by:
ROSHAN JOHN JOSEPH
ROLL NO. 105
BATCH 10 SEMESTER IX (C)
BA LLB (HONS)
Submitted to:
MS. APURVA VERMA
FACULTY OF LAW

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

ACKNOWLEDGEMENTS

First and foremost, I would like to thank Ms. Apurva Verma for offering this topic, Inherent
Powers of the Court: A tool to meet the ends of justice and for her valuable guidance and
advice. She inspired me greatly to work on this project. Her willingness to motivate me
contributed tremendously to my project. I would also like to thank her for showing me some
examples that were related to the topic of my project.
Besides, I would like to thank the Hidayatullah National Law University for providing me with a
good environment and facilities to complete this project.
Last but not least, my friends who helped me do this project by sharing their ideas when we
combined and discussed together.

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TABLE OF CONTENTS
Acknowledgements..........................................................................................................................i
Table of Contents.............................................................................................................................ii
Research Methodology...................................................................................................................iii
Scope and Objectives......................................................................................................................iv
1.

Introduction..............................................................................................................................1

2.

Nature and Scope.....................................................................................................................2

3.

Scheme of inherent powers of court........................................................................................3

a.

Enlargement of time..............................................................................................................3

b.

Payment of Court fees..........................................................................................................3

c.

Transfer of business..............................................................................................................4

d.

Power to amend....................................................................................................................4

4.

Interpretation of Section 151...................................................................................................4

a.

Inherent Powers....................................................................................................................4

b.

Ends of Justice......................................................................................................................5

c.

Abuse of process of Court....................................................................................................5

5.

Cases where Section 151 is Applicable...................................................................................6

6.

Limitations to Inherent Powers................................................................................................7

7.

Conclusion...............................................................................................................................8

References........................................................................................................................................9

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RESEARCH METHODOLOGY
1. The nature of the project is non-empirical. It is purely based on data collected from books, acts,
journals and web sources.
2. The methodology also includes data collected both from the primary and secondary sources, but
mainly from secondary sources.

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SCOPE AND OBJECTIVES

The scope of this project is to study and understand the inherent powers of the court as per the
Code of Civil Procedure, 1908. The objectives of this project are:

To analyze the nature, scope and meaning of inherent powers of the court under section 151
of the code.

To analyze other provisions relating to inherent powers of the court apart from Section 151.

To analyze the limitations to inherent powers of court.

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1. INTRODUCTION
Certain basic aspects of the Code of Civil Procedure, 1908 requires to be brought into picture
and one of such important aspect is the nature of the code. Primarily, the code of civil procedure
is a procedural law notwithstanding it also deals with certain substantive rights. A procedural law
is always in aid of justice, not in contradiction or to defeat the very object which is sought to be
achieved. A procedural law is always subservient to the substantive law. Nothing can be given by
a procedural law what is not sought to be given by a substantive law and nothing can be taken
away by the procedural law what is given by the substantive law. 1
The object of the code is to facilitate justice and further its ends2. A logical conclusion that can
be made out is that emphasis must be made to do complete justice and adjudicate the dispute in a
manner that no party suffers from the vice of injustice. Meaning thereby, to some extent
flexibility of interpretation should be maintained, so, that justice can be done by stretching the
provisions of the code within permissible limits. As such there is no hurdle faced in furtherance
of justice but the situation which the courts sometimes face is the absence of provision to meet
with certain reliefs, it is with this object to grant bona-fide reliefs or exercise of power to do
justice i.e. which can be exercised ex debito justitiae.
Inherent powers may be exercised ex debito justitiae3 in those cases, where there is no express
provision in the Code. The said power cannot be exercised in contravention or in conflict of or
ignoring express and specific provision of law.4 In other words the inherent powers of the court
are in addition to the powers specifically conferred on the court by the code. They are
complementary to those powers and the court is free to exercise them for the ends of justice or to
prevent the abuse of the process of the court.5

1 Saiyad Mohd. Bakar v. Abdulhabib Hasan, AIR 1998 SC 1624

2 Sangram Singh v. Election Tribunal, AIR 1955 SC 425.
3 Mahendra Manilal Nanavati v. Sushila, AIR 1965 SC 364
4 Durgesh Sharma v. Jayshree, AIR 2009 SC 285
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The provisions of section 151 of the Code contain the Legislative recognition of the powers of
every Civil Court to pass necessary orders to sub-serve the ends of justice and to prevent the
abuse of process of the Court in cases coming before it. These powers are not conferred on the
Court but are inherent in every Civil Court. Since the section itself does not lay down any
guideline when to resort to inherent powers and when not except for using the two key phrases
that are Ends of Justice and Abuse of process of Court the Courts often were led astray and
lot of misuse of these powers occurred.6
2. NATURE AND SCOPE
Sections 148, 149, 151, 152, 153 and 153A of the Code of Civil Procedure, 1908 enact the law
relating to inherent powers of the Court in different circumstances. The underlying principle
behind envisaging of section 151 is that every court is constituted for the purpose of doing justice
according to law and must be deemed to posses, as a necessary corollary and has in its very
constitution of such powers as may be necessary to do the right and undo the wrong in the course
of administration of justice.
Section 151 of the Code provides for the inherent power of the court. The word court used in this
section is wide enough to include any Court under the Code and is not limited only to High
Courts.7 It is trite saying that inherent powers have its roots in necessity and its breadth is coextensive with the necessity, certainly it cannot go against any statutory prescription.8
Since it is impossible in the nature of the things to anticipate the difficulties and to make
appropriate provisions in the Code, the framers of the law thought of inherent powers of Court to
handle such exigencies. Though Code has dealt with the anticipated issues which may arise in
5 C K Takwani, Civil Procedure, 729 (6th ed., 2009)
6 S M Deka, Inherent Powers Of Civil Courts Vis--Vis Provisions Of Order VII Rule 11 Of
The Code Of Civil Procedure available at http://jaassam.gov.in/pdf/article/Article-29.pdf (Last
visited on 30 September 2014)
7 Ahamad Abdul Sukkoor v. Vallabhadas Kanji Firm, AIR 195 Mad 219
8 Newabganj Sugar Mills Co. Ltd. v. Union of India, AIR 1976 SC 1152
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the procedure of civil proceedings still there may be cases where the said provisions may not be
sufficient to implement the Orders of the Court fully nor to render justice or redress a wrong in
such cases. The provisions of Section 151 of the Code of Civil Procedure can be invoked in such
cases.9
The purpose of Section 151 is that whenever, it is necessary for the ends of justice or to prevent
abuse of process of the Court, the powers of Court are not limited and even if there is no specific
provision which permits the Court to do so, or the silence in this Code on that point the Court can
exercise the inherent power to do the justice between the parties. This provision can only be
invoked to supplement other provisions of the Code and not to override or evade other expressed
provisions. If there is a prohibition express or implied, in the exercise of the power by the Court,
the Court cannot take shelter of this section to pass the Orders.10
3. SCHEME OF INHERENT POWERS OF COURT
The substantive provisions dealing as such with the inherent powers are Section 148 to 153-B of
the Code of Civil Procedure, 1908. Section 148 and 149 provide for grant and enlargement of
time while section 151 preserves inherent powers of courts. Sections 152, 153, 153-A deal with
amendments in judgment, decrees, orders and in other proceedings while section 153-B declares
the place of trial to be an open court, Section 150, however, provides for transfer of business.
a. Enlargement of time
This section provides for enlargement of time for a period not exceeding thirty days by the acting
court for the doing of any act, where any particular period is fixed or granted by the Court to do
that act. So, in other words under its inherent powers under this section the Court has power to
enlarge the said period even if the original period fixed has expired. 11 The use of the word "may"
in the statute indicates that the power of enlargement of time is discretionary in nature, and the

9 Shrimati Ratnabai, v. Shri Satwarao, AIR 1995 Bom 61

10 Arun Singh v. Mohindra Kumar, AIR 1964 SC 993
11 Mahanth Ram v. Ganga Das, AIR 1961 SC 882
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Court is, therefore, entitled to take into consideration the conduct and circumstances of the
situation (case) for such extension.12
b. Payment of Court fees
The court is empowered to allow a party to make up deficiency of court-fee payable 13 on the
plain or memorandum of appeal, etc., even after the expiry of limitation prescribed for filling of
such suit or appeal, etc. The aid of this power (under section 149), could be taken only when the
party was not able to pay the court-fee in circumstances beyond its control or under unavoidable
circumstances.14
c. Transfer of business
Where the business of any court is transferred to any other court, Section 150 of the Code
empowers a transferee Court to exercise same powers and imposes on such court same duties as
those which could have been exercised or performed by the Court from where the business is
transferred.15 This particular section removes the difficulty caused by abolition of courts or
transfer of jurisdiction of one Court to another.
d. Power to amend
Section 152 provides for any clerical or arithmetical mistakes in judgments, decrees or orders
may be corrected by the court either on its own or on the application of the parties. It is based on
the principle that mere arithmetical, clerical or technical errors should not be permitted to stand
on the way of substantial justice. 16 Section 153 provides the court with a general power of

12 Section 148, The Code of Civil Procedure, 1908

13 Section 149, The Code of Civil Procedure, 1908
14 Buta Singh v. Union of India, AIR 1995 SC 1945
15 Howrah Insurance Co. Ltd. v. Sochindra Mohan Das Gupta, AIR 1975 SC 2051
16 Rajeshwari Singh v. Lakhrajo Kunwar, AIR 1984 Pat 354
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amendment to determine the real question in controversy. Section 153 B makes available the
court proceeding to be heard in camera.
4. INTERPRETATION OF SECTION 151
a. Inherent Powers
If we take dictionary meaning of the word inherent then it alludes its meaning as Natural,
existing and inseparable from something, a permanent attribute or quality, an essential
element, something intrinsic or essential, vested in or attached to a person or office as a right of
privilege17
The meaning power that can be drawn out is that power means authority, whether any
discretion is left or not and whether any direction is imperative or directory relates to the manner
and exercise of the power and not to the basic ingredient of the authority itself. Without
authority, a valid act cannot be done irrespective of whether the act is discretionary on the part of
the doer of the act, or he is bound to do it. In both situations, he must have authority.18
Thus, if the connotation of the both the words are clubbed together it elicits that inherent
power is the natural or essential power conferred upon the court irrespective of any conferment
of discretion, meaning thereby if this connotation is read out in terms of section 151 it comes to
it that as such there is no conferment of power on court but there is declaration that inherent
power of the court exists and this power is not limited or affected by anything in the code. In the
end it would be palpable to say that powers necessary to do right and undo wrong in the course
of the administration of justice constitute an inherent power of the court19.

17Concise Oxford English Dictionary (2002); Chambers 20 th Century Dictionary (1992) at pg 647; Websters
Encyclopedic Unabridged Dictionary (1994) at pg 732.

18 Seth Lookasan Sethiya v. Ivan E John, AIR 1975 ALL 113

19 P. Sirajuddin v. Government of Madras, AIR 1962 Mad 117; Doabia T S Justice, MLJs Code of Civil Procedure,
Vol.2, (13th Ed., 2008)

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b. Ends of Justice
Ends of justice are solemn words and not mere polite expression in juristic methodology and
justice is the pursuit and end of all law. But these words do not mean vague and indeterminate
notions of justice according to statutes and laws of the land.20
The above explanation can be said to be one of the reasons for invoking inherent powers by the
court is to do justice when injustice is highly manifest. In other words the inherent powers of a
court can be invoked only for the attainment of the ends of substantial justice; court may do what
is fair and equitable.21
c. Abuse of process of Court
The court can also invoke its inherent power to prevent abuse of the process of the court. Here,
abuse of process means the frivolous and vexatious use of legal proceedings and the malicious
and improper use of some regular legal proceedings to obtain an unfair advantage over an
opponent22. The term is generally used in connection with action for using some process of the
court maliciously to the injury of another person. The abuse may be committed by a Court or a
party.23
5. CASES WHERE SECTION 151 IS APPLICABLE

Where the cause of action not barred on the day on which restoration application was
filed, the suit is liable to be restored.24

If due to absence of advocate no cross examination is made and later advocate appears
and prays for cross examination, the prayer can be granted under inherent powers.

20 Debendranath v. Satya Bala Dass, AIR 1950 Cal 217

21 AIR 1925 Mad 42
22 P Ramanatha Aiyar, Concise Law Dictionary, (3rd Ed., reprint 2009)
23 C K Takwani, Civil Procedure, 734 (6th Ed., 2009)
24 C V Varghese v. Devi Academy AIR 1999 Ker 185.
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Order passed by mistake may be corrected by the same court and the court can do it even
apart from sec.151. Court can set aside the decree under its inherent powers after passing
it where it is a nullity or passed due to mistake by the court.25

The court has power to grant interim relief considering the merit of each case and such
relief is subject to adjustment upon final determination in the suit. Such interim relief is
also granted to avoid abuse of process of court.26

Court can set aside its order of rejection of plaint 27 and in case it is rejected on the
ground of failure to pay the deficit court fee the court can restore the plaint u/s 151.28

Power of restitution not confined to section 144, court can order restitution in exercise of
its inherent powers.29

While exercising inherent powers the court can expunge defamatory remarks in the will.
It has been well settled by now because if the person alleged to be defamed will be left
with no recourse for redressal as person who had made the libelous or scandalous or
defamatory statement has since died and no civil or criminal proceedings can be initiated
against such a person. Also the law does not perceive a situation where a person is
rendered remediless. 30

25 Surjit v. Munikaram, AIR 1951 All 381

26 Rita Kishor v. Delhi Development Authority, AIR 2000 Del 417.
27 Damodar v. Aditya, AIR 1972 Pat 289
28 Bahadur v. Gopal, AIR 1964 Ori 134.
29K N Krishnappa v. T R G Setty, AIR 1997 Kant 152
30 HPS Chawla v. Dr. N.P.S. Chawla and others, AIR 2006 Del 53.
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Execution petition is dismissed for failure to take steps, sec.151 applies to revoke order
of dismissal and O.21 R.106 is no bar. Dismissal for default on the date of hearing O.21
R.106 applies.31

6. LIMITATIONS TO INHERENT POWERS

When there is no case of grant of a particular relief under a particular statute, power
under sec.151 need not be exercised. Where in a case claiming maintenance by a Hindu
woman married to a Hindu Male having a living lawful wedded wife, it cannot be
granted U/s 25 of Hindu Marriage Act, 1955, the marriage being void under section 5(1)
thereof, and such reliefs cannot be granted by invoking section 151.32

A court cannot override the express provision of law but if there is no express provision
in the statute, then the apex court has held that the court can exercise its power in a
suitable case. The power u/s 151 cannot be exercised if its exercise is inconsistent with
or comes into conflict with any of the powers expressly or by necessary implication
conferred by the other provisions of the code.33

Inherent powers can be exercised when no other remedy is available. Sec.151 hence
cannot be invoked as substitute for appeal, revision or review. In exercise of inherent
powers however, the court cannot override general principle of law. It could only be for
securing ends of justice and prevent abuse of process of court.34

The inherent powers of the court u/s 151 also cannot be invoked to grant a relief beyond
scope of law. For instance if in an auction proceedings once the law has fixed 15 days

31 Deo Narayan Goala v. Jagadish Pandit, AIR 1985 Gau 49.

32 Abbayolla M Subba Reddy v. Padmamma, AIR 1999 AP 19.
33 Ram Chand & Sons Sugar Mills (p) Ltd. v. Kanhaya Lal Bhargava, AIR 1966 SC 1899
34 Velayudhan Nair v. Kerela Ksheman Yunik Kuries Pvt. Ltd, Trichur, AIR 1988 Ker 223.
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time to deposit the full amount of purchase money in the court, such period cannot be
extended u/s 151.35

The inherent power is not to be exercised under the applicant has remedy provided
elsewhere in the Code but has neglected himself. Equity aids the vigilant not the
indolent. Further, where the applicant did not come to court with clean hands and has
suppressed the facts, the inherent power is not to be exercised.

The inherent power of the Court is in relation to the procedural matters, for section 151 is
part of procedural Code. This section cannot be used to disturb the substantive rights of the
parries.

7. CONCLUSION
From the above analysis it may be understood that Section 151 CPC is neither a substantive
provision nor an independent provision. In the matters with which the CPC does not deal with,
the Court will exercise its inherent power to meet the ends of justice utilizing the hand maid
residuary power of the Court. It confers very wide power out of absolute necessity. It is not a
carte blanche, but a complementary power. It is a provision supplementary to all the other
provisions in the Code. It can be utilized even when there is no scope for getting any relief to
meet the ends of justice.
Expediency suggests including a routine prayer before the Courts that the Court may be pleased
to pass any order expedient/deems fit in view of the inherent power granted under Section 151.
The provision has frequently been misunderstood and various applications before the civil
Courts are made under this section which does not properly fall within its purview. The two
phrases used in Section 151 of the CPC viz., the ends of justice abuse of the process of the
Court must have not been defined in the CPC. However, the Principles which regulate the
exercise of inherent powers by a Court have been highlighted in many cases. The courts have
been cautiously and diligently utilizing the inherent power as a hand maid of justice.
35 United Commercial Bank v. Mani Ram & Ors, AIR 2003 HP 63.
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Thus, in my view inherent powers are of utmost importance and are the best example to show the
cautiousness of the legislature to enable all the people have access to justice even under such
circumstances where there is no express provision and a problem or issue at law has arisen.

REFERENCES
Statute

The Code of Civil Procedure, 1908.

Cases

Abbayolla M Subba Reddy v. Padmamma, AIR 1999 AP 19.

Ahamad Abdul Sukkoor v. Vallabhadas Kanji Firm, AIR 195 Mad 219
Arun Singh v. Mohindra Kumar, AIR 1964 SC 993
Bahadur v. Gopal, AIR 1964 Ori 134.
Buta Singh v. Union of India, AIR 1995 SC 1945
C V Varghese v. Devi Academy AIR 1999 Ker 185.
Damodar v. Aditya, AIR 1972 Pat 289.
Debendranath v. Satya Bala Dass, AIR 1950 Cal 217
Deo Narayan Goala v. Jagadish Pandit, AIR 1985 Gau 49.
Durgesh Sharma v. Jayshree, AIR 2009 SC 285
Howrah Insurance Co. Ltd. v. Sochindra Mohan Das Gupta, AIR 1975 SC 2051
HPS Chawla v. Dr. N.P.S. Chawla and others, AIR 2006 Del 53.
K N Krishnappa v. T R G Setty, AIR 1997 Kant 152
Mahanth Ram v. Ganga Das, AIR 1961 SC 882
Mahendra Manilal Nanavati v. Sushila, AIR 1965 SC 364
Newabganj Sugar Mills Co. Ltd. v. Union of India, AIR 1976 SC 1152
P. Sirajuddin v. Government of Madras, AIR 1962 Mad 117
Rajeshwari Singh v. Lakhrajo Kunwar, AIR 1984 Pat 354
Ram Chand & Sons Sugar Mills (p) Ltd. v. Kanhaya Lal Bhargava, AIR 1966 SC 1899
Rita Kishor v. Delhi Development Authority, AIR 2000 Del 417.
Saiyad Mohd. Bakar v. Abdulhabib Hasan, AIR 1998 SC 1624
Sangram Singh v. Election Tribunal, AIR 1955 SC 425.
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Seth Lookasan Sethiya v. Ivan E John, AIR 1975 ALL 113

Shrimati Ratnabai, v. Shri Satwarao, AIR 1995 Bom 61
Surjit v. Munikaram, AIR 1951 All 381
United Commercial Bank v. Mani Ram & Ors, AIR 2003 HP 63.
Velayudhan Nair v. Kerela Ksheman Yunik Kuries Pvt. Ltd, Trichur, AIR 1988 Ker 223.

Books

A N Saha, The code of Civil Procedure (6th Edn, Vol.1, 2008).

Basus, The Code of Civil procedure, (10th Edn, Vol.II, 2007).
Brooms Legal Maxims, Universal Law Publ. Co., (10th Edn, Reprint 2008).
C K Takwani, Civil Procedure (6th Edn, 2009).
Concise Oxford English Dictionary (2002); Chambers 20th Century Dictionary (1992)
Doabia T S Justice, MLJs Code of Civil Procedure, Vol.2, (13th Ed., 2008)
Nandi and Justice Sengupta, The Code of Civil Procedure, 1908, (3rd Edn, Vol.1, 2009)
P Ramanatha Aiyar, Concise Law Dictionary, (3rd Ed., reprint 2009)
Websters Encyclopedic Unabridged Dictionary (1994)

Articles

S M Deka, Inherent Powers Of Civil Courts Vis--Vis Provisions Of Order VII Rule 11
Of The Code Of Civil Procedure available at http://jaassam.gov.in/pdf/article/Article29.pdf
Arun Mohan, The Inherent power of Civil Courts: The approach of Judiciary, Indian Bar
Review, Vol.78, Issue-9 (2001).
K. Singhania, The Inherent power of Civil Courts u/s .151 of the Code of Civil Procedure,
Indian Bar Review, Vol.82, Issue-9 (2002).

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