Inherent Power of the Court under Section 151

by Tahmidur Remura Wahid | May 6, 2025 | Uncategorized

Inherent Power of the Court under Section 151 of the Code of Civil Procedure, 1908

• What is the Inherent Power of the Court?
• Section 151 of the CPC: Legal Foundation
• When Can Courts Use Inherent Power?
  • For the Ends of Justice
  • To Prevent Abuse of the Process of the Court
• When Inherent Power Cannot Be Used
• Judicial Precedents on Inherent Power
• Procedure and Safeguards
• How TRW Law Firm Helped Clients through Inherent Power Applications
• Conclusion

What is the Inherent Power of the Court?

The inherent power of a court refers to its natural, inseparable authority to administer justice in situations where no specific provision of law exists, or where existing provisions are inadequate or ambiguous. It is not granted by statute, but presumed by the very existence of the court’s judicial function.

These powers enable courts to act:

• Where statutory law is silent,
• To protect against injustice,
• To correct procedural or substantive errors,
• To ensure that legal processes are not misused.

Section 151 of the Code of Civil Procedure (CPC)

Section 151 CPC reads:

“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 the Court.”

This provision ensures that judicial discretion exists even where procedural laws are silent, empowering judges to do what is necessary in the interest of justice.

When Can Courts Use Inherent Power?

The two major circumstances where Section 151 is applied are:

🔹 1. For the Ends of Justice

This includes situations where a legal gap exists, and following rigid procedures would cause injustice.

🧾 Example: TRW Case Assistance

A client of TRW was affected by a procedural irregularity where the court order did not reflect the true intention of both parties in a recorded settlement. TRW filed a motion under Section 151, and the court allowed rectification to avoid an unjust outcome.

In the case of Mohon Lal vs. Seth Hiralal (AIR 1962 SC 527), the Supreme Court held that inherent powers can be used to:

• Recall orders obtained through fraud,
• Set aside void decrees,
• Add or remove parties,
• Amend procedural mistakes,
• Correct clerical errors when justice demands.

🔹 2. To Prevent Abuse of the Process of the Court

Abuse includes:

• Filing multiple vexatious cases,
• Misuse of injunctions, or
• Attempts to delay proceedings through technicalities.

🧾 Example: TRW Case Assistance

In one instance, TRW represented a client who was being harassed with repeated applications filed solely to delay execution proceedings. Our litigation team filed a petition under Section 151, and the court dismissed the repeated filings as abuse of process, imposing costs on the opposing party.

When Inherent Power Cannot Be Exercised

Despite its flexibility, inherent power has limitations:

🚫 1. Where Law Provides Specific Remedy

If a matter is already addressed by the CPC or a special statute, the court cannot invoke Section 151 to override it.

🚫 2. If Appeal or Revision Remedy Exists

Trial courts cannot bypass the hierarchy of remedies.

🚫 3. Cannot Contravene Established Legal Norms

Courts cannot act arbitrarily or outside constitutional and legal principles.

🚫 4. Cannot Disregard Special Statutes

When the matter is governed by special legislation (e.g., Arbitration Act, Family Courts Act), inherent powers do not apply.

Judicial Precedents on Section 151 CPC

Several landmark judgments have helped define the boundaries of Section 151:

• K.K. Velusamy vs. N. Palanisamy (AIR 2011 SC 1227): Section 151 cannot be used where a remedy exists under the CPC.
• Ram Chand vs. State of Haryana (AIR 1981 SC 1036): The court cannot use inherent powers to override express provisions.
• Seth Hiralal vs. Mohanlal: Explained the role of inherent powers to recall judgments obtained through fraud or misrepresentation.

Procedure and Safeguards

Though no formal procedure is laid out for applications under Section 151, TRW Law Firm ensures that the following steps are adhered to for procedural fairness:

✅ Steps Followed

1. Filing a formal application supported by affidavit.
2. Explaining why Section 151 is necessary (e.g., no express provision exists).
3. Ensuring notice is served on all affected parties.
4. Limiting relief sought to what is strictly necessary for justice.

How TRW Law Firm Helped Clients Through Inherent Power Applications

🔹 Case 1: Rectification of Procedural Error in Judgment

A commercial client noticed that the decree passed by court missed a critical term from a previously agreed compromise. TRW advised an application under Section 151, and the court allowed correction, preventing extensive appellate litigation.

🔹 Case 2: Preventing Forum Shopping

A client faced multiple frivolous applications in various jurisdictions by a dishonest opponent. TRW filed for anti-suit injunction under Section 151. The court stayed parallel proceedings and warned the opposite party against jurisdictional abuse.

🔹 Case 3: Restoration of Dismissed Suit Beyond Limitation

TRW assisted a litigant whose suit was dismissed due to default in appearance. Though the limitation for restoration had lapsed, we argued that the dismissal order was due to clerical error in court diary entries. The court invoked Section 151 to restore the case.

🔹 Case 4: Safeguarding Possession in Absence of Interim Relief Provisions

In a property dispute, where no interim relief could be claimed due to procedural defects in the plaint, TRW sought protection of possession through a Section 151 application. The court granted temporary restraint on eviction till fresh applications could be made.

🔹 Case 5: Consolidation of Multiple Related Suits

TRW represented a client in three parallel suits with overlapping subject matter. Using Section 151, we successfully sought consolidation, saving both time and legal expense, and avoiding contradictory findings.

Section 151 vs. Other CPC Provisions

Best Practices Before Invoking Inherent Powers

TRW recommends the following precautions before applying under Section 151:

• Check if other remedies exist.
• Do not misuse Section 151 to bypass other legal processes.
• Ensure clear evidence of injustice or abuse.
• Demonstrate urgency or necessity.

Conclusion

Section 151 of the Code of Civil Procedure, 1908 stands as a powerful judicial tool — a safety valve of procedural law. While its scope is broad, it must be applied with restraint and responsibility. At TRW Law Firm, we have successfully utilized Section 151 to secure relief where no direct procedural remedy existed, upholding justice for both individual and corporate clients.

Our firm’s strategic insight and deep understanding of civil procedure allow us to leverage inherent powers judiciously — whether it’s setting aside an unjust order, preventing litigation abuse, or rectifying procedural oversights.

Facing a complex procedural barrier? Let TRW help you invoke the court’s inherent authority to protect your rights.

Contact TRW Law Firm

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Let TRW Law Firm help you secure justice where the law is silent but fairness demands action.