Latest News
Back
Scope of Section 151 CPC
Section 151 of the Code of Civil Procedure (CPC) provides the inherent powers to the courts to pass any order necessary for the ends of justice or to prevent the abuse of the process of the court. These inherent powers are independent of the specific provisions provided under the CPC and are to be exercised sparingly and with caution.
The scope of Section 151 of the CPC is vast and has been widely interpreted by the courts over time. The section is often invoked by the courts in situations where the specific provisions of the CPC are not adequate or are insufficient to grant relief to a party.
Some of the key areas where the inherent powers under Section 151 of the CPC have been exercised are as follows:
-
Grant of interim relief: The court may exercise its inherent powers to grant interim relief, such as an injunction, attachment before judgment, or appointment of a receiver, if the circumstances so warrant. The court may do so even if there is no specific provision in the CPC for the grant of such relief.
-
Amendment of pleadings: The court may allow a party to amend its pleadings under its inherent powers, even if the time for filing such pleadings has expired. This may be done to ensure that the real controversy between the parties is adjudicated upon and justice is done.
-
Setting aside ex-parte orders: The court may set aside an ex-parte order passed against a party, if it is satisfied that there was sufficient cause for the party's absence or non-appearance.
-
Extension of time: The court may extend the time for doing an act, such as filing a written statement or an appeal, under its inherent powers. This may be done to prevent injustice to a party who may have been prevented from doing the act due to some unavoidable circumstance.
-
Recalling of witnesses: The court may recall a witness for further examination or cross-examination, if it is necessary for the just decision of the case.
-
Correction of clerical errors: The court may correct any clerical or arithmetical errors in its judgments, orders or decrees, under its inherent powers.
-
Dismissal of frivolous or vexatious suits: The court may dismiss a suit under its inherent powers, if it is satisfied that the suit is frivolous or vexatious.
-
Inherent power to review: The court may exercise its inherent power to review its own orders or judgments, if it is satisfied that there is a mistake apparent on the face of the record, or that the order or judgment suffers from some other defect such as fraud or collusion.
It is important to note that the inherent powers under Section 151 of the CPC are not unlimited and must be exercised within the parameters of the law. The courts must ensure that the exercise of inherent powers does not result in the bypassing or overriding of the specific provisions of the CPC or other laws.
In conclusion, the scope of Section 151 of the CPC is wide and encompasses several situations where the specific provisions of the CPC may not provide adequate relief to a party. The courts must exercise their inherent powers under this section judiciously and with caution, to ensure that justice is done and the ends of justice are served.
