EVOLUTION OF THE INHERENT POWERS OF THE COURT UNDER SECTION 151

OF CIVIL PROCEDURE CODE

SUBMITTED BY:

SHASHANK SRIDHAR

SHARATH RAVI KANZAL

SHAMBHAVI SHRIVASTAVA

BATCH- 2016-2021

SUBMITTED TO-

Prof. ARVIND MOORCHANG

ALLIANCE SCHOOL OF LAW

ALLIANCE UNIVERSITY, BANGALORE

DATE: 7TH OF APRIL 2019

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 TABLE OF CONTENTS

ABSTRACT....................................................................................................................... 3

1. INTRODUCTION............................................................................................................. 4
1.1 RESEARCH PROBLEM............................................................................................. 8
1.2 METHODOLOGY....................................................................................................... 8
1.3 EXISTING LEGAL SITUATION............................................................................... 8
1.4 LITERATURE REVIEW............................................................................................ 12
1.5 SCOPE AND OBJECTIVE......................................................................................... 12
1.6 HYPOTHESIS............................................................................................................. 13

2. CONCLUSION.................................................................................................................. 14

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ABSTRACT

This paper manages the general study on the innate forces delighted in by the civil courts in India
by the Civil Procedure Code. The Code of Civil Procedure recognizes the forces alongside
impediments on the courts yet there are a few forces which are vested in the court yet not
endorsed in the code and those are the Inherent forces. The inherent forces of the court are
notwithstanding the forces explicitly given by the code on the court. They are correlative to those
forces. The court is allowed to practice them for the finishes of the equity or to keep the
maltreatment of the procedure of court. The reason is self-evident. The provisions of the court
are not extensive for the simple reason that the lawmaking body is unequipped for thinking about
all the conceivable surroundings which may emerge in future suits. Inherent powers go to the
salvage in such unexpected conditions. They can be practiced ex debito justitiae1 in the
nonappearance of provisions in the code. Be that as it may, those should be practiced with due
consideration and not self-assertive. "Inherent" is wide in itself. It implies existing and in
separable from something, a perpetual characteristic or quality, a fundamental component,
something natural, or basic, vested in or appended to an individual or office as a privilege of
privilege. Hence, inborn forces are such powers which are natural from courts and might be
practiced by a court to do full and finish equity between the gatherings before it.

KEYWORDS

1. Inherent powers

2. Substantive rights

3. Section 151

4. Debito justitiae

5. Limitations

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as of right

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INTODUCTION

INHERENT POWER: MEANING

"Inherent" is exceptionally wide in itself. It implies existing and in-separable from something, a
perpetual characteristic or quality, a basic component or vested in or joined to an individual or
office as a privilege of benefit. Henceforth, characteristic forces are such powers which are basic
from courts and might be practiced by a court to do full and finish equity between the gatherings
before it. The general point of the examination is to know whether the inalienable forces are
substantive right or not. The Inherent power can be utilized to verify finishes of equity; it can
review its very own requests and right errors. Can set aside an ex-party request goes against the
gathering and so on. Section 151 of the Civil Procedure Code manages the characteristic forces.
Where this arrangement is being a piece of procedural law requires a liberal understanding to
propel the reason for equity and further it closes or to impact authorization of substantive rights.
The characteristic forces are viewed as important to do the privilege and fix the wrong over the
span of an organization of equity and to be viewed as strengthening to exceptionally presented
forces. Inherent powers have establishes in need, and they are coextensive with need so as to do
total equity. The law identifying with innate forces is contained from Section 148 to Section
153A of the Civil Procedure Code, which pictures the activity of forces in various conditions.
These arrangements bargain as pursues:-

i) Section 148 and Section 149 provisions with give or expansion of time;

ii) Section 150 provisions with exchange of business;

iii) Section 151 preserves the inherent powers of the courts

iv) Section 152, 153 and Section 153A provisions with corrections in Judgments,
pronouncements or orders or in different procedures.

A point by point dialog of the above arrangements from Section 148 to Section 153A is taken up
for study. Section 148 of the Civil Procedure Code expresses that when a period are fixed or
allowed by the court for the doing of any demonstration, the court has the ability to grow such

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period as long as 30 days. This power is exercisable in the absence of any particular provision to
the contrary which curtails or denies or which withholds the period. The power is confined to
extension of the time fixed by it and is of a discretionary nature. In other words, power of the
court may be exercisable after taking into consideration factors such as circumstances of the
case, conduct of the party seeking extension, alteration or modification of circumstances which
necessitate the extension of time. A reading of Section 148 clearly states that it has no
application when the time has not been fixed or granted for the doing of a particular act has not
been prescribed or allowed by the court. This power of the court being of a discretionary nature
cannot be claimed as right.

In the case of Mahanth Ram Das v Ganga Das2 the High Court of Patna passed a peremptory
order against the appellant that if the court fee was not paid within the stipulated time period the
suit would stand dismissed. The appellant being unable to find the money made an application
under Section148 asking for an extension of time before the expiry of time granted by the initial
court and offered to make a partial payment asking for further time. The High Court came to the
opinion that the suit already stood dismissed owning to non-payment of court fees. Finally, when
the appeal was heard in the Supreme Court, it held that the High court was in error on both the
occasions. Thus, it set aside the orders passed by the High court on July 8, 1954 and granted the
appellant 2 months to pay the court fee as prescribed by the Section 148 of the CPC.

Section 149 deals with payment of court-fees. This section empowers the court to allow a party
to make up the deficiency of court fees payable on a plaint or memorandum of appeal etc., even
after the expiry of limitation period, provided for filing of the suit or appeal etc. Payment of
requisite court fee is mandatory for any document chargeable with court-fee to be recorded in the
court. If the necessary court fee is paid within the time fixed by the court, it cannot be treated as
time-barred. Such payment made within the particular fixed time by the court retrospectively
validates a defective document. The power of the court is discretionary and must be exercised
only in the matter of interests of justice.

2
https://www.casemine.com/judgement/in/560989e4e4b0149711381e6f

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In Ram Chand and Sons Sugar Mills v. Kanhayalal3 : the SC held that the Court would not
exercise its inherent power under S.149 CPC it was inconsistent with the powers expressly or
impliedly conferred by other provisions of Code. It had opined that the Court had an undoubted
power to make a suitable order to prevent the abuse of the process of the Court.

Section 150 of Indian Penal Code relates to ‘Transfer of business’ 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 of same duties conferred or imposed by Civil Procedure Code upon the
transfer court”. Section 151 provides that the inherent power can be exercised to secure the ends
of justice.

The Apex Court in Mineral Development Syndicate v. The Commissioner of I.T4 has
maintained that the Courts had power under Section 150, 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.

The scope and ambit of the exercise of powers under Section 151 of Civil Procedure Code can be
illustrated with a few cases as follows:-

i) The court may recall its orders and correct mistakes

ii) Issuance of temporary injunctions when the case is not covered by order 39 or to set aside an
ex-party order.

iii) Illegal orders or orders passed without jurisdiction can be set-aside

iv) Subsequent events in the case can be take note of by the court

v) Court’s power to hold trial ‘in camera’ or prohibit publication of its proceedings

vi) Court can expunge remarks made against a Judge and

vii) Court can restore the suit and rehear on merits and also to review its order

3
https://www.lawsfeed.com/supreme-court-
judgement/ms_ram_chand_and_sons_sugar_mills_pvt_ltd_vs_kanhaya_lal_bhargava_ors_10-03-1966
4
https://www.taxmanagementindia.com/web/tmi_blog_details.asp?id=370437

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Section 151 of the Civil Procedure Code provides for exercise of inherent powers to prevent the
abuse of the process of court. The abuse of the power may be at the instance of a party or at the
instance of the court itself. Abuse of the powers of the court which may results to injustice to a
party needs to be remedied on the ground that the act of a court shall not prejudice anyone. When
a party practices fraud on the court or on a party to a proceeding, the remedies have to be stated
on the basis of inherent powers. Circumventing statutory proceedings or resorting to multiplicity
of proceedings or by instituting a vexations, obstructive or dilatory tactics have to be prevented
by the use of inherent powers. Similarly, trying to secure an undue advantage over the opposition
party or introducing scandalous or objectionable matter in the proceedings have to be prevented
to ensure that the process of the court is not abused .

Section 152, 153 and 153A of Civil Procedure Code relates to the use of inherent power 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 elucidated that Section 152 is based on two
principles:

i) the act of the court shall not prejudice any one; and

ii) Duty of the court to ensure that its records are true and represent the correct state of affairs.

Section 152 and 153 of the Civil Procedure Code makes it clear that the court may set right any
mistake in their records at any time. 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 in
any proceeding in a suit. Necessary amendments can be done in order to determine the real
issues between the parties.

The exercise of inherent powers carries with it certain limitations such as:-

i) They can be exercised only in the absence of express provisions in the code
ii) They cannot be exercised in conflict with what has been expressly provided in the
code
iii) They can be exercised in exceptional cases.

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 iv) While exercising the powers, the court has to follow the procedure prescribed by the
legislature
v) Courts cannot exercise jurisdiction not vested in them by law
vi) To abide by the doctrine of Res Judicata i.e., not to open the issues which have
already been decided finally
vii) To direct an arbitrator to make an award afresh
viii) Substantive rights of the parties shall not be taken away
ix) To restrain a party from taking proceedings in a court of law and
x) To set aside an order which was right at the time of its issuance
a) Minimizing litigation;
b) Avoid multiplicity of proceedings and
c) To order full and complete justice between the parties

1.1 RESEARCH QUESTION

Are the inherent powers of the courts under section 151 are not a substantive provision?

1.2METHODOLOGY

The researcher has adopted doctrinal method of research and the entire paper is in the form of
analysis of the established procedure, thereby following analytical mode of research. The
Primary sources for this research paper are the Civil Procedure Code and relevant judicial
decisions. Secondary sources include books, articles and web resources.

1.3 EXISTING LEGAL SITUATION

INHERENT POWER OF SUPREME COURT

The Constitution of India under Article 136 gives powers upon the Supreme Court, for example,
the ability to allow extraordinary leave request against any requests or decisions from any court
or council in the nation. The Supreme Court has the ability to choose race question of the
President and the Vice President. The Constitution of India through Article 142 gives the
Supreme Court of India for passing such "declaration or request as might be essential for doing
total equity among the gatherings". In our Constitution Article-142 give in the process to do total
equity, Supreme Court has the ability to pass any Judgment, pronouncement or request as is vital.

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Any such request made by Supreme Court will be enforceable everywhere throughout the region
of India. The instrument of authorization of such request will be controlled by the law that has
been passed by parliament with respect to it. In the event that there will be no current law there
gone by parliament to authorize the request gone by SC at that point, a President's structure will
decide it by solution. In this article, Supreme Court can likewise give request for the
participation of an individual, request disclosure and generation of archives, and can likewise
explore and rebuff for its scorn. These forces have been given to Supreme Court on the grounds
that the Supreme Court shield the other court from a jurisdictional challenges and does not hurt
the court to do equity among the gatherings before it.

INHERENT POWER OF HIGH COURT

Under section 482 of the Code of Criminal Procedure, the natural intensity of High Court is
curious in criminal statute. It is the most dominant weapon for the High Court to clear the area of
criminal law ward of all vitiating and vindictive impacts. The issue normally lifted in the setting
are about the degree, extension, and confinement of the power. These forces are not accessible to
the subordinate courts for the undeniable reason that there will be disorder in the criminal equity
system’. These powers are accessible just to the High Court for reasons philosophical, recorded
and useful. As per Sec 26 of Criminal procedure Code, 1973, Offenses under the Criminal
Procedure Code are isolated into:

1. Offenses under Indian Penal Code (IPC).

2. Offenses under some other law.

section 482 of CrPC manages Inherent forces of the Court.Section-482 of CrPC of gives:
"Sparing of natural intensity of High Court-Nothing in this Code will be considered to restrain or
influence the characteristic forces of the High Court to make such requests as might be important
to offer impact to any request under this Code, or to avoid maltreatment of the procedure of any
Court or generally to verify the closures of equity." This section was included by the Code of
Criminal Procedure (Amendment) Act of 1923 as the high courts were unfit to render total equity
regardless of whether in a given case the wrongdoing was substantial and clear.

The section has 3 conditions in which the characteristic ward might be worked out, to be
specific:

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  To offer impact to a request under Criminal procedure code.

 To avoid maltreatment of the procedure of the court.

 To verify the finishes of equity.

INHERENT POWER OF CIVIL COURT

The law that manages the innate forces of the Civil Court falls under Section-148 to Section-
153A of the Civil Procedure Code (CPC), which conceives the activity of forces in various
conditions. The arrangements that manage these natural forces are: -

Section 150: This arrangement is identified with the exchange of business.

Section 151: It preserves the characteristic forces of the courts Section 152, 153 and Sec 153A:
These provisions of the CPC manage corrections in declarations, decisions orders or in different
procedures. Provisions under Civil Procedure Code (CPC), section 148, unmistakably call
attention to that the court has no application when the time has not been fixed or conceded for
completing a specific demonstration that has not been endorsed or permitted by the court. This
intensity of the court, being optional in nature can't be asserted as a right. Section 148 gives that
the court, may reach out to a most extreme time of 30 days, when an unmistakable timeframe is
fixed or allowed by it, for completing a demonstration. Section 149, manages instalment of court
expenses. The intensity of the court is optional and must be practiced just in light of a legitimate
concern for equity. This segment affirms the court to enable involved with compensate for the
lack of court charges payable on a plaint or a notice of an intrigue and so on., even after the
expiry of the impediment time frame that is accommodated the documenting of a suit or an
intrigue and so on. Section 150 of CPC identifies with the 'Exchange of organizations', and gives
in this manner: "when the matter of any court is exchanged to some other court, the transferee
court will practice a similar power or release same obligations gave or forced by CPC upon the
exchanging court". The inalienable forces of the court can be utilized to verify the closures of
equity under Sec 151 of the CPC. The extent of the activity of these forces, under Sec 151 of
CPC can be outlined by a couple of cases, for example, The court may review it's requests and
right any errors; An unlawful request, or requests go without a ward can be put aside. The court

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has the ability to hold a preliminary 'in camera' or forbid any production of its procedures. Sec
152, 153 and 153A of the Civil Procedure Code identifies with the utilization of the innate forces
for affecting revisions of decisions, pronouncements, orders or different records. Section 152
gives that "administrative or arithmetical slip-ups in Judgments, announcements or requests
emerging from any inadvertent slip or exclusion may whenever be remedied by the court either
without anyone else movement or on the use of any of the gatherings". The pinnacle court
clarified that Section 152 depends on two standards: - Any demonstration of the court will not
prompt any oppression anybody. It is the obligation of the court to guarantee that its records are
valid and speak to the right situation. Sec 152 and 153 of the CPC clarifies that the court may
address any error made in their records, whenever. While Section 152 is kept to alterations of
Judgments, requests or announcements, Section-153 gives a general power on the court to
change deformities or mistakes of any procedures in a suit. Fundamental revisions can be made
so as to decide the main problems between the gatherings.

The extent of Section 151 CPC has been explained by the Supreme Court in the case

K.K. Velusamy v. N. Palanisamy5

(a) Section 151 CPC is not a substantive provision which makes or presents any power or
jurisdictions on courts. It only perceives the optional power natural in each court as a vital end
product for rendering equity as per law, to do what is "correct" and fix what is "wrong", that is,
to do everything important to verify the finishes of equity and forestall maltreatment of its
procedure.

(b) As the provisions of the Code are not exhaustive, Section 151 perceives and affirms that if
the Code does not explicitly or impliedly spread a specific procedural perspective, the natural
power can be utilized to manage such circumstance or viewpoint, if the closures of equity
warrant it. The broadness of such power is coextensive with the need to exercise such power on
the actualities and conditions.

5
https://cyberblogindia.in/k-k-velusamy-v-n-palanisamy/
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(c) A court has no capacity to do what is denied by law or the Code, by implied exercise of its
inborn forces. In the event that the Code contains provisions managing a specific theme or
viewpoint, and such provisions either explicitly or by essential ramifications exhaust the extent
of the intensity of the court or the purview that might be practiced in connection to that issue, the
inalienable power can't be summoned so as to cut over the forces given by the Code or in a way
conflicting with such provisions. As it were the court can't utilize the exceptional arrangements
of Section 151 of the Code, where the cure or methodology is given in the Code.

(d) The inherent powers of the court being correlative to the forces explicitly gave, a court is
allowed to practice them for the reasons referenced in Section 151 of the Code when the issue
isn't secured by a particular provision in the Code and the activity of those forces would not at all
be in struggle with what has been explicitly given in the Code or be against the aim of the
governing body.

(e) While practicing the characteristic power, the court will be doubly careful, as there is no
legislative guidance to manage the procedural circumstance and the activity of intensity relies on
the caution and intelligence of the court, and in the realities and conditions of the case. The
nonattendance of an express provision in the Code and the acknowledgment and sparing of the
characteristic intensity of a court ought to not anyway be treated as an unlimited power to
concede any help.

(f) The power under Section 151 should be utilized with carefulness and care, just where it is
completely fundamental, when there is no arrangement in the Code overseeing the issue, when
the bona fides of the candidate can't be questioned, when such exercise is to meet the closures of
equity and to avoid maltreatment of procedure of court.

1.4 LITERATURE REVIEW

The current writing on this exploration work fundamentally rotates around the Section 151 of
Civil Procedure Code and relating to the sparing of intrinsic forces of the court, very much
chosen cases referred with the Civil Procedure Code – Book by C.K Takwani and Indian diaries
and different articles distributed in sites. It is all around settled through significantly number of
decisions that when a power is to be drilled by a typical court under an express course of action,
the characteristic power can't be taken plan of activity to a court has intrinsic power except if it

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isn't denied by the Code. Further, this fragment puts such power in the court, over issues which
are in its area and knowledge. The court in like manner can't ignore the courses of action of law
of hindrances by addressing this territory. The time of obstacle can't be extended by the court in
exercise of its intrinsic forces. In the situations where the C.P.C does not manage, the Court will
practice its natural capacity to do equity. On the off chance that there are explicit arrangements
of the C.P.C managing the particular issue and they explicitly or by essential ramifications, at
that point the characteristic forces of the Court can't be conjured as inborn forces itself implies
those which are not indicated in Civil Procedure Code. The area presents on the judges to make
such requests that might be important to make equity attainable. The Power can be conjured to
help the arrangements of the code however not to supersede or dodge different express
arrangements as Civil Procedure Code is the fundamental law which oversees the working of the
courts.

1.5 SCOPE AND OBJECTIVE

OBJECTIVES:

 To analyse the inherent powers of the court.

 To analyse the inherent powers and its exercise.

 To study and compare between the inherent powers and substantive rights.

 To study other provisions relating to inherent powers.

 To analyse the limitations as to the use of inherent powers by the court.

SCOPE:

 Judicial interpretations

 Scope of inherent power to be exercised by the courts under section 151

 Limitations

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  When prohibited by the code or other provisions. The aim is to study the inherent Powers
of Court under Civil Procedure Code.

1.6 HYPOTHESIS

The inherent powers of the court under section 151 are not substantive provisions.

2.0: CONCLUSION

In conclusion, it may be suggested that norms have laid down by the courts in the exercise of
inherent powers together with the restrictions and limitations on the exercise of the power will be
codified in the form of rules and regulations to be framed by the supreme court and be made
available to the courts for the reference and their guidance. The rules may also provide to deal
with new cases unprovided for, which may arise in future.

Actus curiae neminem gravabit6

Through the doctrinal research and the diagnostic methodology, it very well may be securely
derived that section 151 CPC is definitely not a substantive provision. Section 148-153A give the
courts with very wide and broad forces to limit case, stay away from variety of procedures and
render full and complete equity between the gatherings before them. Sec 151 recoveries
inalienable intensity of the court, which should be practiced ex debito justitae, i.e., in light of a
legitimate concern for the equity. These forces are not presented upon the court. At last, one
needs to admire the judgment of J. Subbarao who mentioned an impactful objective fact on
account of Ram Chand and Sons Sugar Mills Ltd. V. Kanhayalal Bhargav.

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act of court shall harm no one
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