Mastering Civil Litigation: Inherent Powers of the Court – Section 151 CPC, 1908

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Mastering Civil Litigation: Inherent Powers of the Court – Section 151 CPC

“Not every power is written — some are implied for the sake of justice.”

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What is Section 151 CPC?

Section 151 empowers a court to make any order necessary to:

• Meet the ends of justice, or

• Prevent abuse of the process of the court

It is the court’s inherent power, even if not expressly provided elsewhere in the CPC.

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Why is it Important?

Not everything is covered under rigid rules.
When there is a gap in procedure or a situation not directly addressed, courts use Section 151 to deliver justice.

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Simple Example:

A court accidentally dismisses a case due to a clerical error. There’s no specific rule to undo that.
The court can use Section 151 to recall its own order to prevent injustice.

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Where is it Commonly Used?

1. Restoration of cases dismissed for default (if not covered by Order IX)

2. Recall of witness or evidence

3. Injunctions in situations not covered by Order XXXIX

4. Preventing multiplicity of proceedings

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Limits of Section 151:

• Cannot override express provisions of CPC

• Cannot be used when other remedies (like appeal, review) exist

• Must be used only to secure justice, not to circumvent procedure

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Judgments Supporting Section 151:

• K.K. Velusamy v. N. Palanisamy (2011): Court can use Section 151 when there's no specific bar and justice demands it.

• Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal (1962): Temporary injunction can be granted under Section 151 if CPC doesn’t expressly prohibit it.

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Pro Tips for Lawyers:

• Use Section 151 only when no other specific provision applies

• Show that the act is in the interest of justice

• Don’t misuse it to delay proceedings — courts are cautious

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