1. Meaning of Inherent Powers
Inherent powers are those powers that are not explicitly provided in the Code of Civil Procedure but are essential for the court to do complete justice and prevent abuse of its process.
Recognized under Section 151 of CPC, 1908.
These powers are not unlimited, but they allow the court to act in situations not covered by specific provisions of the Code, in order to ensure the ends of justice are met.
2. Legal Provision: Section 151 CPC
“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 section acts as a residual source of power, used when no express rule is available to deal with a particular situation.
3. Nature and Scope
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Applies only when no specific provision exists
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Meant to fill the gaps in procedure
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Cannot be used to override or contradict express provisions of the CPC
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Must be exercised judiciously, not arbitrarily
4. Situations Where Inherent Powers Are Invoked
| Circumstance | Example |
|---|---|
| To recall an order obtained by fraud | Where judgment was obtained through false representation |
| To stay proceedings to avoid abuse of process | Filing multiple suits on the same issue |
| To consolidate suits | When two or more suits involve the same questions and parties |
| To restore proceedings | Reinstating a suit dismissed for default if no express rule applies |
| To correct clerical mistakes | If not covered under Section 152 |
| To grant interim relief | In exceptional cases not provided under Order XXXIX or other rules |
Limitations on Inherent Powers
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Cannot contradict express provisions of the CPC
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Cannot be used to create new rights or procedures
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Must be exercised only when necessary
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Must not prejudice the other party unfairly
Difference Between Inherent and Statutory Powers
| Feature | Inherent Powers (S. 151) | Statutory Powers |
|---|---|---|
| Source | Implied, not specifically enacted | Derived from specific sections/orders of CPC |
| When Invoked | When no rule exists | When expressly allowed by law |
| Scope | Limited to justice or abuse prevention | Broad but regulated by specific provisions |