Inherent Power of Court under Section 151 CPC

Inherent Power of Court under Section 151 CPC

Introduction:

Section 151 of the Code of Civil Procedure (CPC) endows the courts with inherent powers to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. This provision ensures that the courts are not hamstrung by the procedural limitations of the CPC and can act in a manner that upholds justice.

Key Features of Section 151 CPC:

Ends of Justice: The courts can make orders to ensure justice is served.

Preventing Abuse: The courts can intervene to prevent the misuse of their process.

Discretionary Power: The use of this power is discretionary and is not limited by the specific provisions of the CPC.

Supplemental Nature: It supplements the other provisions of the CPC and is not a standalone section.

Case Law:

Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal (1962):

Citation: AIR 1962 SC 527

Summary: The Supreme Court held that the inherent powers under Section 151 can be used by the courts to issue temporary injunctions in circumstances not covered by Order 39 of the CPC. The court emphasized that these powers should be exercised to prevent the abuse of process and to ensure justice.

Nand Kishore v. Ram Golam (1967):

Citation: AIR 1967 SC 1191

Summary: The Supreme Court reaffirmed the inherent power of the court to make orders necessary to prevent abuse of the court’s process. The court stressed that these powers should be exercised with caution and only in situations where specific provisions are not available.

Jet Ply Wood (P) Ltd. v. Madhukar Nowlakha (2006):

Citation: (2006) 3 SCC 699

Summary: The Supreme Court highlighted that inherent powers under Section 151 should be exercised only in the absence of specific provisions in the CPC and to meet the ends of justice. It underscored the necessity of not using inherent powers in a manner that conflicts with any specific provision of the CPC.

Conclusion:

Section 151 CPC is a vital provision that empowers courts to act justly and prevent procedural abuse. The courts have used this section judiciously to fill in gaps and ensure justice is not thwarted by technicalities. The inherent powers are a testament to the flexibility of the judiciary in upholding the rule of law.