DR.

RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY,

LUCKNOW

SUBJECT- CPC
INHERENT POWERS OF COURT UNDER CPC

SUBMITTED TO: SUBMITTED BY:

DR. VIPUL VINOD SHIVANI SINGH
ASSISTANT PROFESSOR (LAW) ROLL NO.- 180101127
DR. RMLNLU B.A. L.L.B(Hons.), SEM-IVth

1|Page
DECLARATION:

I hereby declare that the project work entitled “INHERENT POWERS OF COURT
UNDER CPC” submitted to the Dr.Ram Manohar Lohiya National Law
University, Lucknow is a record of an original work done by me under the
guidance of MR. VIPUL VINOD, Assistant Professor, Faculty of Law, Dr. Ram
Manohar Lohiya National Law University and this project work is submitted in
the partial fulfilment of the requirements for the award of the degree of B.A.
LLB. (hons).

2|Page
 ACKNOWLEDGEMENT

I owe a great many thanks to a great many people who helped and supported me
during the writing of this Project.
Words are inadequate in offering my deep sense of gratitude to my professor for
his precious guidance.
With his enthusiasm, her inspiration and her great efforts to explain things
clearly and simply, he helped throughout my analysis of work with lots of
encouragement, sound advice, and good innovation.
I would also like to thank the librarians of Dr. Madhu Limaye Library who
extended their assistance to me by helping me out consult the relevant books.
I know that despite my best efforts some discrepancies might have crept in
which I believe my humble Professor would forgive.
Thanking You All.

3|Page
 TABLE OF CONTENT

I. INTRODUCTION

II. RELEVANT SECTIONS OF INHERENT POWERS OF COURT UNDER CPC

III. EXERCISE OF THOSE POWERS

IV. JUDICIAL INTERPRETATIONS

V. THE SCOPE OF INHERENT POWER EXERCISED BY THE COURT UNDER

SECTION 151 OF THE CPC

VI. LIMITATIONS

VII. APPEAL, REVIEW AND REVISION.

VIII. CONCLUSION

IX. BIBLIOGRAPHY

4|Page
OBJECTIVE

The main aim of this project is to analyse the inherent powers of court under CPC and to
know the extent of those powers.

RESEARCH QUESTIONS

1) What are the inherent powers of court under cpc and what are the relevant sections?

2) How the courts exercise those powers?

3) Whether the decisions taken by court using their inherent powers are binding on other
courts?

RESEARCH METHODOLOGY

The paper is based on Doctrinal Research Methodology and it is primarily based on Articles,
Bare Acts, Books etc and the secondary sources include websites and commentaries on
landmark judgements.

5|Page
 INTRODUCTION

Law has always been an essential element of society. It was there even when men were
uncivilized and it is even today when we have entered into much sophisticated world. The
presence of law is made much known to us with the existence of courts. The Courts existed
when there was no written statue on the fundamental principle to do justice and to peacefully
settle the matter. They are not as old as law but law got a recognition by courts only. They
hold a very high position in society by virtue of its duty to do justice between the parties.
Every court is constituted for the purpose of administering justice between the parties and,
therefore must be deemed to possess all such powers as may be necessary to do the right and
to undo the wrong in the process of administering the justice. The Code of Civil Procedure is
a procedural or adjective law and the provisions thereof must be liberally construed to
advance the cause of justice and further its ends since the basic function of the courts is to do
justice rather than focusing on the procedural part of the parties. The Code of Civil Procedure
acknowledges the powers along with limitations on the courts but there are some powers
which are vested in the court but not prescribed in the code and those are the Inherent powers.
The inherent powers of the court are in addition to the powers specifically conferred by the
code on the court. They are complementary to those powers. The court is free to exercise
them for the ends of the justice or to prevent the abuse of the process of court. The main aim
of this study is to find out the relevant sections dealing with inherent powers of court under
CPC, to analyse how the court exercise its inherent powers, to find out the scope of inherent
powers exercised by the court under section 151 of the CPC, to understand what the
limitations of the inherent powers of the court are.

6|Page
 INHERENT POWER
The word “Inherent” is very wide in itself. It means existing and inseparable from
something, a permanent attribute or quality, an essential element, something intrinsic, or
essential, vested in or attached to a person or office as a right of privilege1. Hence, inherent
powers are such powers which are inalienable from courts and may be exercised by a court to
do full and complete justice between the parties before it.

RELEVANT SECTIONS OF INHERENT POWERS UNDER CIVIL PROCEEDURE

CODE

There are many sections in the CPC that provides for the same.

Section 148 of CPC

Enlargement of time: - Where any period is fixed or granted by the Court for the doing of
any act prescribed or allowed by this Code, the Court may, in its discretion, from time to
time, enlarge such period [not exceeding thirty days in total], even though the period
originally fixed or granted may have expired.

Section 148-A of CPC Right to lodge a caveat: -

(1) Where an application is expected to be made, or has been made, in a suit or proceedings
instituted, or about to be instituted, in a Court, any person claiming a right to appear before
the Court on the hearing of such application may lodge a caveat in respect thereof.

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has
been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by
registered post, acknowledgement due, on the person by whom the application has been or is
expected to be, made, under sub-section (1).

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in
any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

1
Concise Oxford English Dictionary (2002). 

7|Page
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish
the caveator at the caveator‟s expense, with a copy of the application made by him and also
with copies of any paper or document which has been, or may be, filed by him in support of
the application.

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in
force after the expiry of ninety days from the date on which it was lodged unless the
application referred to in subsection (1) has been made before the expiry of the said period.

Section 149 of CPC reads:

Power to make up deficiency of Court-fees: -

Where the whole or any part of any fee prescribed for any document by the law for the time
being in force relating to court-fees has not been paid, the Court may, in its discretion, at any
stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case
may be, of such court-fee; and upon such payment the document, in respect of which such fee
is payable, shall have the same force and effect as if such fee had been paid in the first
instance.

Section 150 of CPC reads:

Transfer of Business: -

Save as otherwise provide, where the business of any Court is transferred to any other Court,
the Court to which the business is so transferred shall have the same powers and shall
perform the same duties as those respectively conferred and imposed by or under this Code
upon the Court from which the business was so transferred.

Section 151 of CPC Saving of inherent powers of the code: -

Nothing in this code shall be deemed to limit or otherwise effect the inherent powers of the
court to make such orders as may be necessary for the ends of the justice or to prevent abuse
of the process of the court.

Section 152 of CPC

Amendment of judgements, decrees or orders: -

8|Page
Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein
from any accidental slip or omission may at any time be corrected by the Court either of its
own motion or on the application of any of the parties.

Section 153 of CPC

General powers to amend: -

The Court may at any time and on such terms as to costs or otherwise as it may think fit,
amend any defect or error in any proceeding in a suit, and all necessary amendments shall be
made of the purpose of determining the real question or issue raised by or depending on such
proceeding.3

Section 153-A of CPC

Power to amend decree or order where appeal is summarily dismissed: -

Where an Appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the
Court to amend, under section 152, the decree or order appealed against may be exercised by
the Court which had passed the decree or order in the first instance, notwithstanding that the
dismissal of the appeal has the effect of confirming the decree or order, as the case may be,
passed by the Court of first instance.

EXERCISE OF INHERENT POWERS BY THE COURT

Principle

In the cases where the C.P.C does not deal with; the Court will exercise its inherent power to
do justice. If there are specific provision of the C.P.C dealing with the specific issue and they
expressly or by basic implication, then the inherent powers of the Court cannot be invoked as
inherent powers itself means those which are not specified in C.P.C. The section confers on
the judges to make such orders that may be necessary to make justice achievable. The Power
can be invoked to support the provisions of the code but not to override or evade other
express provisions as C.P.C. is the basic law which governs the functioning of the courts.

JUDICIAL INTERPRETATIONS

Alternative for ‘No other remedy: In the absence of any special circumstances which amount
to abuse of the process of the Court, it cannot grant a relief in exercise of its inherent power

9|Page
when the justice can be served by another remedy is available to the party concerned
provided by the Code.

No Powers over the Substantive Rights:

The inherent powers saved by s. 151 of the Code are not over the substantive rights which
any litigant possesses. Specific powers have to be conferred on the Courts for passing such
orders. In Ram Chand and Sons Sugar Mills v. Kanhayalal2: the SC held that the Court would
not exercise its inherent power under S.151 CPC if 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.

The Apex Court in M/s Jaipur Mineral Development Syndicate v. The Commissioner of I.T3,
has maintained that the Courts had power under Section 151, 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.

To Advance Interests of Justice:

In M/s. Ram Chand & Sons Sugar Mills Pvt. Ltd. Barabanki (U.P.) v. Kanhayalal Bhargava,
the appellant contended that during the pendency of the first suit, certain subsequent events
had taken place due to which the first was not fruitful and in law the said suit could not be
kept pending and continued solely for the purpose of continuing an interim order made in the
said suit. While examining the question the Supreme Court was to consider whether the court
can take cognizance of a subsequent event to decide whether the pending suit should be
disposed or not. The question arose was whether, a defendant could make an application
under Section 151 CPC for dismissing the pending suit on the ground that the said suit has
lost its cause of action. The Court upheld the contention.

Restoration of Money Suit–

Bahadur Pradhani v. Gopal Patel4. In this case the plaint of a Money Suit was rejected for
non-payment of deficit court fee within the time granted by the court. The plaintiff filed a
petition under Section 151, C.P.C. for restoration of the suit in the ends of justice. The court
allowed the petition and the suit was restored to file. This Court examined the scope of the
2
1961 1 SCR 884.
3
AIR 1977 SC 1348.
4
AIR 1964 Ori 134.

10 | P a g e
inherent powers of the Court and expressed that the provisions of the Code do not control the
inherent powers of the court by limiting it or otherwise affecting it. It is a power inherent in
the court by virtue of its duties to do justice between the parties before it.4

When there is no scope for getting any relief: -

It was held in the case of Manoharlal v. Seth Hiralal5 that the provisions of the Code are not
exhaustive as the legislature is incapable of contemplating all possible circumstances which
may arise in future litigation.

Enlargement of Time: Section 148

The court has power to enlarge the said period even if the original period fixed has been
expired6. Where the court in exercise of its jurisdiction can grant time to do a thing, in the
absence of the specific provision to the contrary, denying or withholding such jurisdiction,
the jurisdiction to grant time would include in its ambit the jurisdiction to extend time
initially fixed by it7. This power is discretionary and so the court is entitled to take into
account the conduct of the party praying for such extension. The party cannot claim this
power as their right. In the words of J. Hidayatullah, “conditional orders are not like the laws
of Medes and Persians”8. As J. Desai states, “the danger inherent in passing conditional
orders becomes self-evident because that by itself may result in taking away jurisdiction
conferred on the court for just decision of the case. The true purpose of conditional orders is
that such orders merely create something like a guarantee or sanction for obedience of the
court’s order but would not take away the court’s jurisdiction to act according to the mandate
of the statute or the relevant equitable considerations if the statute does not deny such
considerations”9.

Payment of Court Fees: Section 149

The Section 149 of the Code authorizes the court to allow a party to make up the deficiency
of court fees payable on a plaint, memorandum of appeal, etc. even after the expiry of the
period of limitation prescribed for filing of such suit, appeal etc. Under the provisions of S.

5
1962 AIR 527.
6
Mahanth Ram Das v. Ganga Das AIR 1961 SC 882.
7
 Ramesh Bejoy v. Pashupati Rai (1979) 4 SCC 27.
8
Ram Das v. Ganga Das, AIR 1961 SC 882.
9
Chinnamarkathian v. Ayyavoo (1982) 1 SCC 159.

11 | P a g e
149, C.P.C., as a practice, the courts grants time for payment of the court-fee on coming to an
adverse conclusion on a pauper application. Section 4 of the Court Fees Act, 1870 provides
that no document chargeable with court fee under the act shall be filed or recorded on any
court of justice, unless the requisite court fee is paid.

Amendment of Judgement, Decrees, Orders and other Records: Sec. 152, 153-153A

Sec. 152 of the Code of Civil Procedure endorses that clerical or arithmetical mistakes in
judgements, decree or orders arising from any accidental slip or omission may at any time be
corrected by court suo motu or on application of any other parties. The section is based upon
two essential principles:

1. It is duty of the court to see that their records are true and they present the correct state of
affairs.
2. An act of court should not prejudice any party.

THE SCOPE OF INHERENT POWER EXERCISED BY THE COURT UNDER

SECTION 151 OF THE CPC

More than seven decades back, the Privy Council in the case of Emperor v. Khwaja Nazir
Ahmed10, observed that Section 561A (corresponding to Section 482 of the Code) had not
given increased powers to the Court which it did not possess before that section was enacted.
It was observed “The section gives no new powers, it only provides that those which the
court already inherently possess shall be preserved and is inserted lest, as their Lordships
think, it should be considered that the only powers possessed by the court are those expressly
conferred by the Criminal Procedure Code and that no inherent power had survived the
passing of the Code.”

In the very recent verdict of K.K. Velusamy v. N. Palaanisamy11, the Hon‟ble Supreme Court
upheld that Section 151 of the Code recognizes the discretionary power inherited by every
court as a necessary corollary for rendering justice in accordance with law, to do what is
„right‟ and undo what is „wrong‟.

The Court summarized the scope of Section 151 of the CPC as follows:

10
1945 47 BOMLR 245.
11
 (2011) 11 SCC 275

12 | P a g e
(a) Section 151 is not a substantive provision which confers any power or jurisdiction on
courts. It merely recognizes the discretionary power of every court for rendering justice in
accordance with law, to do what is `right‟ and undo what is `wrong‟, that is, to do all things
necessary to secure the ends of justice and prevent abuse of its process.

(b) The provisions of the Code are not exhaustive; section 151 says that if the Code does not
expressly or impliedly cover any particular procedural aspect, the inherent power can be used
by the court to deal with such situation, to achieve the ends of justice, depending upon the
facts and circumstances of the case.

(c) A Court has no power to do things which is prohibited by law or the Code, in the exercise
of its inherent powers. The court cannot make use of the special provisions of Section 151 of
the Code, where the remedy or procedure is expressly provided in the Code.

(d) The inherent powers of the court being complementary to the powers specifically
conferred, a court is free to exercise them and the court should exercise it in a way that it
should not be in conflict with what has been expressly provided in the Code.

(e) While exercising the inherent power, there is no such legislative guidance to deal with
those special situations of the case and so the exercise of power depends upon the discretion
and wisdom of the court, and also upon the facts and circumstances of the case. So, such
consequential situation should not however be treated as a carte blanche to grant any relief.

(f) The power under section 151 will have to be used with care, only where it is absolutely
necessary, when there is no provision in the Code governing the matter or when the bona
fides of the applicant cannot be doubted or when such exercise is to meet the ends of justice
and to prevent abuse of process of court.

LIMITATIONS

13 | P a g e
i) They can be exercised only in the absence of express provisions in the code.

ii) They can’t be exercised in conflict with expressly provision in the code.

iii) They can be exercised in exceptional cases.

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;39

vi) To abide by the doctrine of Res Judicata i.e., not to open the issues which have already
been decided finally

vi) To direct an arbitrator to make an award afresh

vii) Substantive rights of the parties shall not be taken away

viii) To restrain a party from taking proceedings in a court of law

ix) To set aside an order which was right at the time of its issuance.

APPEAL, REVIEW AND REVISION

APPEAL

An appeal and a second appeal have been held, by the Madras High Court to lie from an
order made under S.151, in execution, or for the restitution; whereas the Lahore and Patna
High Courts have held that no appeal lies from an order made by a court in its inherent
jurisdiction.  No appeal lies against an order of remand under S.151 but revision is
maintainable. Orders granting temporary injunction ex parte or refusing to grant injunction
under S.151 is not appealable. When the order purports to have been passed under S.151 and
not under O 39 r 1 only a revision will lie against the order.

It is well-settled that when an application for maintenance is submitted in partition suit by the
plaintiff, in view of the fact that the property is in possession of the defendant and the
plaintiff is entitled to have maintenance out of the joint family property, such application is
entertained in view of S.151 and not under O 39 or any other provision. Therefore, as against

14 | P a g e
such order, the miscellaneous appeal is misconceived since O 42 is not applicable to such
orders. Thus, the miscellaneous appeal as against the order against the order of maintenance
was not tenable in law. 

REVIEW

The review/recall petition against the consent decree would not lie. If the evidence on record
discloses that one party has played fraud on the other party, in such event the only remedy
left over to the party against whom the fraud is played to file a separate suit for setting aside
the decree obtained by fraud. But, if it proved that one of the parties has played fraud on the
court, then only the review petition is maintainable under S. 151 Code of Civil Procedure. [

Where order allowing amendment of plaint was absolutely clear and unambiguous, the court
has no inherent power to review its decision duly pronounced.

REVISION

After carefully examining the various provisions of the Code of Civil Procedure which
provides or contemplates filing of an appeal, Supreme Court found no such provisions
available to the appellant to file an appeal against the order made by the trial court on an
application filed under S.151. Therefore, revision petition against the said order was not
maintainable. Order rejecting application under O 26 r 9, read with S.151 for appointment of
approved value to fix valuation of plaint and machinery is not revisable, in view of provisions
of S. 115 and considering the fact that the impugned order rejecting the application has not
disposed off the suit or proceeding. There is neither any merit nor any scope for interference
by high court, particularly when the very application under O 21 r 29 read with S.151 was not
tenable. There is no justification to interfere with the impugned order in the exercise of
revisional jurisdiction under S.115. The order if not regular may not be interfered with
revision if it is made irregularly or even improperly unless grave injustice or hardship would
result from a failure to do so. Where the interference is likely to work, not in the interest of
justice but rather against it, the high court will not interfere in its revisional jurisdiction. 

15 | P a g e
 CONCLUSION

16 | P a g e
It cannot be expected that the legislator will be capable in forming of the Code of Civil
Procedure of foreseeing every possible situation which may arise or of creating an exhaustive
list of circumstances in which an existing provision may apply. To counter the situations of
abuse of the process of the court, certain inherent powers have been recognized to be vested
with the courts. This is to meet the ends of justice and equity in cases where provisions of law
are not explicit or applicable. Such powers have also been granted to the court to assist in
obtaining the motive of avoiding the abuse of the process of the court as it one of the most
substantial duties of the court. Though, this power of the court is not unduly far-reaching and
unrestricted. S.151 which gives legislative recognition to inherent powers is restricted by
certain construction the section where the court cannot exercise its powers when provision for
any action or matter is explicitly prohibited by the Code or any other statute; or where there
exists a provision of the Code applicable to the matter at hand. Through an analysis of the
various case laws it has been established that inherent powers must be exercised only for the
ends of justice or to prevent abuse of the process of court as long as it is not in contravention
of any other existing law or provision. Under the Indian judiciary, a codified statute such as
the Code of Civil Procedure aims at making the judicial process uniform and unbiased.
Working in this view the legislative process takes due cognizance of the fact that not all
situations can be pre-empted and it holds good for even for their procedures to be followed.
S.151 is in essence validates this fact by recognising the courts ability in granting justice in
even those situations where the Code of Civil Procedure or any other statute is not applicable
and or finds itself unequipped to render proper justice and avoid misuse of the process of the
court, if any.

17 | P a g e
 BIBLIOGRAPHY

I. WEBSITES AND LINKS

 https://www.lawctopus.com/academike/inherent-powers-court-cpc-2/
 http://bvpnlcpune.org/Article/Inherent%20Powers%20of%20a%20Civil
%20CourtProf%20_Dr_%20Mukund%20Sarda.pdf
 https://blog.ipleaders.in/inherent-powers-supreme-court-high-court-civil-court-
criminalcourt/
 http://www.legalservicesindia.com/article/1736/The-Inherent-Powers-of-the-
Court.html
 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2758064
https://taxguru.in/excise-duty/high-court-power-review-decision-rendered-appeal-
filedcentral-excise-act-1944.htm
 l http://civilcourtpractisetcbhati.blogspot.com/2017/02/23-1712-tarachand-bhati-
injuctionand.html
II. BOOKS AND CASES 1.
 Takwani, C.K.; “Civil Procedure (CPC) with Limitation Act, 1963”; 7th Edition
Eastern Book Company
 Jain, M.P.; “The Code of Civil Procedure”; 2nd Edition; Wadhwa and Company

18 | P a g e