"The inherent power has its roots in necessity and its breadth is co- extensive with the necessity"

Abstract

The doctrine of inherent jurisdiction states that all the civil courts have their own inherent jurisdiction to try
all the civil matters unless expressly or impliedly barred. This means that the civil court has the jurisdiction to
admit all suits of civil nature. In this following essay, we shall see what is the term jurisdiction, how does it
apply to the civil courts and what all relevant provision of the Civil Procedure and (Amendment) Code will
apply so that this power of the courts is safeguarded. The phrase expressly or impliedly barred means that the
courts shall try all the suits of civil nature unless a statutory authority is created to try the cases of a certain
nature or a statute or a provision is created to bar the civil courts from trying that case. Only and only in such
situations the civil courts are barred from trying the civil cases. This essay also elaborates upon the provisions
of the CPC which are directly affecting the inherent power of the civil courts.

What is ‘Jurisdiction’? :

Jurisdiction is basically the authority of the courts to decide the matters which are filed in it in a formal way
for it’s decision. For a court to have jurisdiction, it must not only have the jurisdiction to try the suit i.e.
jurisdiction to entertain the subject matter of suit, but must also have the authority to pass the orders sought
for(an example of this is Chloro Controls(I) P.Ltd vs Severn Trent Water Purification (1) where the parties
sought to file the suit in the civil court due to its inherent jurisdiction). For example, civil court may have
authority to settle a dispute regarding specific performance of contract but may not have the pecuniary
jurisdiction to pass the relief sought for. And for all those matters where the court either doesn’t have the
jurisdiction or the authority to pass the order, any order given by such a court can be set aside or not followed
by the parties(2)(3).

As per Section 9, Civil Procedure Code, a suit is said to be expressively barred when barred by any enactment
for the time being in force. This may include any statute, law, bye-laws, order etc. CPC itself expressively
bars the jurisdiction of civil courts in certain circumstances. Section 11 of the Code of Civil Procedure bars a
court from trying a suit in which matter in issue is res judicata. Section 47 bars a decree holder from filing a
suit when he can file execution proceedings.

1
(2013) 1 SCC. 641
2
Sarwan Kumar & Anr vs Madan Lal Aggarwal (Appeal (civil) 1058 of 2003)
3
Sushil Kumar Metha vs Gobind Ram Bohra  [ (1990) 1 SCC 193]
Other instances where jurisdiction of civil court is expressively barred includes among others, special
tribunals under relevant statutes e.g. – Industrial Tribunal, Revenue Tribunal, Rent Tribunal, cooperative
Tribunal, Income Tax Tribunal(Sec. 293, Income-Tax Act, 1961)l, Motor Accidents Claim Tribunal(Sec. 68-
D, Motor Vehicles Act), etc. ; domestic tribunals e.g. Bar Council, Medical Council, University, Club etc.
Whenever statutes uses the expression that a decision of an authority shall be final, the jurisdiction of a Civil
Court to go into the correctness or otherwise of the decision is taken away.

Inherent powers of the Civil Court

The law that deals with the inherent powers of the Civil Court, falls under Section-148 to Section-153A of the
Civil Procedure Code (CPC), which envisages the exercise of powers in different circumstances. The
provisions that deal with these inherent powers are:-

 Section-150: This provision is related to the transfer of business.

Provisions under Civil Procedure Code (CPC),

Section 148, clearly points out that the court has no application when the time has not been fixed or granted
for doing a particular act, that has not been prescribed or allowed by the court. This power of the court, being
discretionary in nature cannot be claimed as a right. Section 148 provides that the court, may extend to a
maximum period of 30 days, when a definite time period is fixed or granted by it, for doing an act4.

Section 149, deals with payment of court fees. The power of the court is discretionary and must be exercised
only in the interest of justice. This Section certifies the court to allow a party to make up for the deficiency of
court fees payable on a plaint or a memorandum of an appeal etc., even after the expiry of the limitation
period that is provided for the filing of a suit or an appeal etc5.

Section 150 of CPC relates to the ‘Transfer of businesses’, and provides thus: “when the business of any court
is transferred to any other court, the transferee court will exercise the same power or discharge same duties
conferred or imposed by CPC upon the transferring court“the minor petitioner could not take advantage of
4
T. Krishnaswamy vs Maniyamma[2000 (6) ALD 290, 2000 (6) ALT 211]
5
Mohammad Mahibulla and Anr. v. Seth Chaman Lal[AIR 1993 SC 1241]
Section 150, Civil Procedure Code, and contend that the other court where the business was transferred is the
correct court if it was done illegally6.

Section 151 - The inherent powers of the court can be used to secure the ends of justice under Section 151 of
the CPC.

The scope of the exercise of these powers, under Sec 151 of CPC can be illustrated by a few cases, such as-

o The court may recall it’s orders and correct any mistakes(7)(8);
o An illegal order, or orders passed without a jurisdiction can be set-aside9.
o An injunction under Section 151 CPC can be granted only in situations not covered either by Rule 1
or Rule 2 of Order 39 CPC. (10)
o The court has the power to hold a trial ‘in camera’ or prohibit any publication of its proceedings.

The Apex Court has maintained that the Courts had power under Section 151, in the absence of any express or
implied prohibition, to pass an order as may be necessary for the ends of justice or to prevent the abuse of the
process of the Court(11).

Sec 152, 153 and 153A of the Civil Procedure Code relates to the application of the inherent powers for
effecting amendments of judgments, decrees, orders or other records.

• Section 152 provides that “clerical or arithmetical mistakes in Judgments, decrees or orders arising
from any accidental slip or omission may at any time be corrected by the court either on its own motion or on
the application of any of the parties”.

• The apex court explained that Section 152 is based on two principles:-

• Any act of the court shall not lead to any discrimination against anyone.

• It is the duty of the court to ensure that its records are true and represent the correct state of affairs.

• Sec 152 and 153 of the CPC makes it clear that the court may correct any mistake made in their
records, at any time.

6
Subbiah Naicker vs Ramanathan Chettiar [(1914) 26 MLJ 189 ]
7
Nagarj v. State of Karnataka, 1993 (5) SLR 1
8
CST v. Pine Chemicals Limited, (1995) SCC 58
9
 Natesa Naicker v. Sambanda Chettiar, (28) AIR 1941 Mad. 918
10
Manohar Lal Chopra v. Rai Bhahadur Raja Seth Hiralal
11
M/s Jaipur Mineral Development Syndicate v. The Commissioner of I.T.
• While Section 152 is confined to amendments of Judgments, orders or decrees, Section-153 confers a
general power on the court to amend defects or errors of any proceedings in a suit. Necessary amendments can
be made in order to determine the real issues between the parties.

When can the inherent powers be exercised?

While exercising their inherent powers the court has two primary objectives, that it takes into their
consideration. This is recognized under Section-151 of the Civil Procedure Code:

1. The powers are to be exercised only for the ends of justice.

2. To prevent abuse of process of the court.

The powers can not be exercised when excluded or prohibited by the Code or any other statute. In the
situation where specific provisions exist in the Code, it is applicable to the litigation at hand.12

12
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