Section 151 of The Civil Procedure Cod
Section 151 CPC: Saving of inherent powers of the Court
Text of Section 151:
“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.”
Meaning and Scope
Inherent Power of the Court:
Section 151 recognizes that courts have inherent powers apart from the powers specifically mentioned in the CPC.
These powers allow courts to do justice in situations where no specific provision of the CPC applies.
Purpose:
To prevent abuse of the process of the court.
To ensure that the ends of justice are served.
Nature:
Discretionary: Courts exercise it at their discretion.
Supplementary: It cannot be used to contradict or override express provisions of the CPC.
Extraordinary: Generally invoked in exceptional cases where statutory remedies are inadequate.
Illustration / Example Uses
Preventing abuse of process:
If a party files repeated frivolous suits to harass the opponent, the court can stop it using inherent powers.
Filling gaps in law:
Where there is no specific procedure under CPC, the court can act to ensure justice is done.
Correction of procedural defects:
For example, if a minor procedural lapse prevents a party from being heard, the court may allow a corrective step under its inherent powers.
Limitations
Cannot override express provisions of the CPC.
Cannot be used for purposes contrary to law or equity.
Should be used sparingly, only in exceptional cases to meet ends of justice.
Important Case Law
M/s. Supreme Court Bar Association v. Union of India (1998)
Courts can use inherent powers to prevent abuse of process, even if CPC does not expressly allow it.
State of U.P. v. Renusagar Power Co. Ltd. (1988)
Inherent powers cannot be used to contradict express statutory provisions.
National Insurance Co. Ltd. v. Balakrishnan (2000)
Section 151 can be invoked to prevent miscarriage of justice when no other remedy is available.
Key Point:
Section 151 is the “safety valve” of civil procedure, ensuring that justice is not defeated by procedural technicalities or misuse of court process.
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