Mastering Civil Litigation: inherent power of Civil Court : 151 CPC with Judgment

Section 151 of the Code of Civil Procedure (CPC) provides inherent powers to the court to make orders necessary to meet the ends of justice or to prevent abuse of the court's process. This provision recognizes the authority of the court to act beyond the rules of the CPC if required for fair and efficient resolution of cases.

Key Concepts of Section 151 CPC:

1. Inherent Powers of the Court:

   • Section 151 allows courts to use their inherent power when specific provisions in the CPC do not cover a situation, enabling them to ensure justice.
   • The exercise of this power is intended for the ends of justice and to prevent the abuse of process. Courts must ensure that their procedures do not lead to injustice.

2. Preventing Abuse of Process:

   • Section 151 can be used to prevent misuse or abuse of the judicial process by either the parties involved or even through procedural errors by the court itself.
   • It is based on the principle “actus curiae neminem gravabit” (an act of the court shall prejudice no one). This means that any error or unintended procedural mishap by the court should not adversely affect a party.

3. Illustrative Scenarios:

   • The court may invoke Section 151 to stop vexatious litigation, prevent multiplicity of proceedings, correct clerical errors, or when no other specific provision in the CPC applies to a given situation.
   • In practice, Section 151 is invoked where no alternative remedy is available, but its use is not intended to override express provisions of law.

Key Judgment Related to Section 151 CPC:

1. Ram Chand and Sons Sugar Mills (P) Ltd. v. Kanhayalal Bhargava (1966):

   • Key Point: The Supreme Court held that the inherent powers under Section 151 can be exercised for preventing abuse of the court process but must be exercised sparingly and judiciously.
   • Significance: This case underscores that inherent powers cannot be used to circumvent existing statutory provisions. Section 151 must be utilized when no other remedy is available, emphasizing the careful and limited use of such powers.

2. Mohan Lal v. Benoy Kishna Mukherjee (1953):

   • Key Point: The Calcutta High Court ruled that inherent powers could not be invoked to override or nullify specific provisions of the CPC but could only be used when there is no remedy otherwise provided.
   • Significance: This case demonstrated the balance courts must maintain when utilizing inherent powers. It set a clear boundary for invoking Section 151, which is only to ensure justice without disrupting established statutory rules.

Application of Section 151:

• Correction of Errors: Section 151 can be used by the court to correct clerical or procedural mistakes that have not been specifically covered under other sections of the CPC.
• Interim Relief: Courts have often invoked Section 151 to grant interim relief when circumstances warrant urgent intervention and there are no specific guidelines under CPC to address the scenario.

Summary:

Section 151 CPC is an essential tool in the judicial process that provides inherent powers to ensure justice. Courts use it to address gaps where existing provisions may not provide a remedy. The section is used primarily to:

• Meet the ends of justice
• Prevent abuse of court process
• However, these powers must be used sparingly and cannot override explicit provisions of law.

The judgments discussed emphasize that while Section 151 empowers courts to ensure fair play, it must not be utilized as a tool to bypass the procedural framework explicitly laid out in the CPC. The guiding principle is that of ensuring that judicial actions lead to substantial justice, rather than focusing solely on procedural technicalities.