In this Article I am dealing with the inherent powers of the civil
Courts to do justice. The Courts existed even when there was no written
statue on the fundamental principle to do justice and to amicably settle
the matter. The Courts exist to even today and it has natural power
inherited in it by virtue of its duty to do justice between the parties.
Section 151 of the Code of Civil Procedure (CPC) provides for the
saving of the inherent powers of the Court in order to meet the “ends of
justice” or to avoid the “abuse of the process of the Court”. However,
neither of these phrases has been defined in the CPC. In order to find
their meaning we need to look into the various case laws.
The scope of the section 151 is frequently misunderstood and various
applications before the civil Courts are made under this section which
does not properly fall within its purview.
Section 151 of the Code of Civil Procedure (CPC) provides “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 Court”.
Scope
The inherent powers of the Court are very wide and are not in any way
controlled by the provisions of the code. They are in addition to the
powers specifically conferred on the Court by the code and the Courts
are free to exercise them. The only limitation put on the exercise of
the inherent power is that when exercised they are not in conflict with
what has been expressly provided for, or those exhaustively covering a
particular topic, or against the intention of the legislature. Inherent
powers are to be exercised where specific provision does not meet the
necessities of the case1.
Court will not exercise power if it is inconsistent with the powers
expressly or impliedly conferred by other provisions of Code. Court has
an undoubted power to make a suitable order to prevent the abuse of the
process of the Court2. Inherent power cannot be exercised when such
exercise comes in conflict with expressed provisions of the code or
against the intentions of the legislature3.
Inherent power of the Court cannot override the express provisions of
the law. In other words, if there are specific provisions of the Code
dealing with a particular topic and they expressly or by necessary
implication exhaust the scope of the powers of the Court or the
jurisdiction that may be exercised in relation to a matter the inherent
power of the Court cannot be invoked in order to cut across the powers
conferred by the code. The prohibition contained in the code need to be
express but may be implied or be implicit form the very nature of the
provisions that it makes for covering the contingencies to which
relates4.
Section 151 is intended to supplement the other provisions of C.P.C
and not to evade or ignore them or to invent a new procedure5. Power
has to be exercised by the Court in very exceptional circumstances for
which code lays down no procedure6.
The Court have power 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 Court7. Power can be
utilised when specific provisions do not exist, if provisions prescribe a
bar or a prohibition that cannot be overcome by resort to section 151
of C.P.C8.
The Apex Court has held, Rules of procedure are handmaids of justice.
Section 151 of the C.P.C gives inherent powers to the Court to do
justice. That provision has to be interpreted to mean that every
procedure is permitted to the Court for doing justice unless expressly
prohibited and not that every procedure is prohibited unless expressly
permitted9. In the said case, Apex Court held that there is no express
bar in filing an application for withdrawal of the withdrawal
application.
I have outlined below the principle governing section 151, which
provides for the inherent powers of the Court, from various case laws.
Principle
The Principles which regulate the exercise of inherent powers by a
Court have been highlighted in many cases. In the matters with which the
C.P.C does not deal with, the Court will exercise its inherent power to
do justice between the party which is warranted under the circumstances
and which the necessities of the case require. If there are specific
provision of the C.P.C dealing with the particular topic and they
expressly or by necessary implication exhaust the scope of the powers of
the Court or the jurisdiction that may be exercised in relation to a
matter, the inherent powers of the Court cannot be invoked10.
The section confers on the Court power of making such orders as may
be necessary for the ends of justice of the Court. The Power can be
invoked to supplement the provisions of the code and not to override or
evade other express provisions.
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