Introduction

The inherent powers are considered necessary to do the right and undo the wrong in the course of the administration of justice and to be regarded as supplementary to specially conferred powers. Inherent powers have roots in necessity, and they are coextensive with necessity in order to do complete justice.

• The law relating to inherent powers is contained in Section 148 to Section 153A of the Code of Civil Procedure, 1908 (CPC) which visualizes the exercise of powers in different circumstances.

Section 148 of CPC

• This section deals with the enlargement of time.
• It states that 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.
• This power of the court is of discretionary nature and cannot be claimed as a right.

Section 149 of CPC

• This section deals with the power to make up deficiency of court-fees.
• It states that 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 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

• This section deals with the transfer of business.
• It states that save as otherwise provided, 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

• This section deals with the saving of inherent powers of Court.
• It states that 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 does not confer any substantive rights on parties but is meant to get over the difficulties arising from rules of procedure.

Section 152 of CPC

• This section deals with the amendment of judgments, decrees or orders.
• It states that 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.
• This section is based on two important principles:
  • An act of court should not prejudice any party.
  • It is the duty of the courts to see that their records are true, and they represent the correct state of affairs.

Section 153 of CPC

• This section deals with the general power to amend.
• It states that 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 for the purpose of determining the real question or issue raised by or depending on such proceeding.

Section 153A of CPC

• This section deals with the power to amend a decree or order where appeal is summarily dismissed.
• It states that 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.

Limitations of the Inherent Powers

• The exercise of inherent powers carries with it certain limitations such as -
  • They can be exercised only in the absence of express provisions in the code.
  • They cannot be exercised in conflict with what has been expressly provided in the code.
  • They can be exercised in exceptional cases.
  • While exercising the powers, the court has to follow the procedure prescribed by the legislature.
  • The Courts cannot exercise jurisdiction not vested in them by law.

Case Laws

• In Ram Chand v. Kanhayalal (1966), the Supreme Court held that the inherent powers under Section 151 of CPC can also be exercised to prevent the abuse of the process of court.
• In case of Mahendra Manilal Nanavati v. Sushila (1965), the Supreme Court while expressing its view on the nature of inherent powers of the court, observed that the Code of Civil Procedure is a special piece of legislation to deal with procedural situations of proceeding of trials of civil nature. Under the Code itself, some hidden powers are conformed on the courts according to the emerging situations during the proceedings and courts can exercise them in absence of expressed provisions. But where there are express provisions in the Code, the Courts are barred from invoking such powers.