UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PANJAB UNIVERSITY, CHANDIGARH

INHERENT POWERS OF COURTS

SUBMITTED TO : SUBMITTED BY:

MS. Sukhmani Hitakshi gupta
UILS Panjab university Class- B.com LL.B(Hons.)
Semester – 7th
Roll no. – 242/20
➢ Table Of Contents

1. Introduction
2. Enlargement of time (section 148)
3. Payment of court fees (149)
4. Transfer of business (section 150)
5. Ends of justice and abuse of process( section 151)
6. Abuse of process of the court (section 151)
7. Amendment of judgement, decree, offers and other records
(section 152, 153-153A)
8. Limitations
9. Conclusion
➢ Introduction
The term “inherent” means “natural” or “existing and inseparable from
something. Hence, as the term suggests inherent powers are those powers which
may be exercised by a court to do full and complete justice between the parties
before it.
Every court is constituted certain powers for the purpose of administering justice
between the parties. All such powers are necessary to do the right and to undo the
wrong in the course of administration of justice. Such powers are complementary
in nature and the court is free to exercise them for the ends of justice or to prevent
the abuse of powers of court. Such powers are known as “inherent powers of the
court.”
The provisions of the Code are not exhaustive for the simple reason that the
legislature is incapable of contemplating all the possible eventualities and
circumstances which may arise in future legislation. These inherent powers come
to rescue in such unforeseen circumstances. They can be exercised ex debito
justitiae in absence of express provisions in the Code.
Section 148 to 153-B of the Code deals with inherent powers of the Courts. These
provisions relating to inherent powers apply only to courts and not to other
authorities.

➢ Enlargement of time
Section 148 of the CPC states that where any term is fixed or awarded by the
Court for the doing of any act provided by CPC, it is the discretionary power of
the Court that Court may enlarge such period from time to time, even though the
term originally fixed or awarded may have departed.

Before extension of the time is granted by a court, two conditions must be

fulfilled:
(1) A period must have been fixed or granted by the Court; and
(2) Such period must be for doing an act prescribed or allowed by the Code.

In Johri Singh v. Sukh Pal Singh ((1989) 4 SCC 403), it was stated that this
powers of the court is discretionary in nature, and the court therefore, is entitled
to take into account the conduct of the party praying for such extension. Hence,
such enlargement can’t be claimed as a right.
This section has no application when the time has not been fixed or granted by
the court or a particular act has not been prescribed or allowed by the Code.

➢ (Section 149): Payment of court fees

Section 149 empowers 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 such suit, appeal, etc. In Atma
Ram v. Charanjit Singh ((2020) 3 SCC 311), it was held that once the court
exercise its discretion and the payment of court-fee is made as per the said
decision, it shall have the same effect as if such payment has been made in first
instance. The power of the court is discretionary and must be exercised only in
the importance of justice.

➢ Transfer of business
According to Section 150 of CPC, “Save as otherwise granted, where the
business of any Court is assigned to any other Court, the Court to which the
business is so assigned shall have the same authority and shall make the same
duties as those sequentially presented and forced by or under this Code upon the
Court from which the business was so assigned.”

➢ (Section 151): Ends of justice and

Abuse of process
Section 151 gives the courts an inherent power to secure ends of justice. Thus,
the court can recall its own orders and corrects it’s mistakes1; set-aside an ex
parte decree against the party; can issue temporary injunctions not covered by the
provisions of Order 392; can add, delete, or transpose any party to a suit, etc.
However, what would meet the ends of justice would always depend upon the
facts and circumstances of each case and the requirements of justice.

In the case of Debendranath v. Satya Bala Dass, the meaning of “ends of justice”
was clarified. It was emphasised that “ends of justice” are not just polite words
but carry profound significance in legal practice. These words signify that justice
is the ultimate goal and purpose of all legal proceedings. However, this

1
Keshardeo v. radha kissen, AIR1953
2
Manohar lal chopra v. seth Hiralal, AIR1962
expression is not vague; it aligns with the principles of justice as defined by the
laws and statutes of the land.
Here are some examples of how Section 151 of the CPC can be applied:

• Correction of Errors: The court can review its own orders and correct any
mistakes.
• Provisional Measures: It can grant temporary injunctions when a case
doesn’t fall under the provisions of Order 39, or it can set aside an ‘ex
parte’ order.
• Setting Aside Illegal Orders: The court has the power to nullify orders
that were made unlawfully or without jurisdiction.
• Consideration of Subsequent Events: It can take into account events that
occurred after a case was initiated.
• Privacy of Proceedings: The court can decide to conduct a trial ‘in
camera’ (in private) or protect the confidentiality of its proceedings.
• Erasing Remarks: It can remove unfavourable remarks made against a
judge.
• Improving a Suit: The court can amend a lawsuit and re-hear it on its
merits or re-examine its previous orders.

In cases where a court employs a procedure in doing something, which it never

internet to do and there is miscarriage of justice, then there is an abuse of process
by the court itself. This injustice can be undone on the basis of the doctrine actus
curiae neminem gravabit, i.e, an act of court shall prejudice no one.

➢ Abuse of process of the court

Section 151 of the CPC provides for the exercise of inherent powers to check the
infringement of the process of the court3. Abuse of the powers of the court which
happens in unfairness to party needs to get relief on the ground that the act of a
court shall not prejudice anyone. When a party practices fraud on the court or on
a party to a proceeding, the remedies have to be provided on the basis of inherent
power.

The word ‘abuse’ is said to occur when a Court uses a method in doing something
that it is never expected to do is the perpetrator of the said abuse and there is a
failure of justice. The injustice so done to the party must be given relief on the
basis of the doctrine of actus curiae neminem gravabit (an act of the court shall

3 Manohar lal chopra v. seth harilal AIR1962

prejudice no one)4. A party to a case will become the perpetrator of the abuse in
cases when the said party does acts like obtaining benefits by functioning fraud
on the Court or a party to the proceedings, prompting the multiplicity of
proceedings, etc.

➢ (Section 152, 153, 153-A): Amendment of

judgement, decrees, offers and other records
Section 152 of CPC deals with the “Amendment of judgements, decrees, and
order.” According to Section 152 of CPC, Court has the power to change (either
by own actions or on the application of any of the parties) written or arithmetical
mistakes in judgments, decrees or orders or faults arising from an unexpected
lapse or imperfection.

Section 153 deals with the “General authority to amend.” This Section empowers
the court to amend any fault and error in any proceedings in suits and all required
improvements shall be made for the purpose of arranging raised issues or
depending on such proceeding.

Section 152 and 153 of the CPC makes it clear that the court may set correct any
blunders in their experiences at any time.

Power to amend decree or order where an appeal is summarily dismissed and

place of the trial to be deemed to be open Court are defined under Section 153A
and 153B of CPC,1908.

➢ Limitation
These inherent powers conferred upon the courts can only be exercised ex debito
justitiae only in absence of express provisions in the Code. They cannot be
exercised in conflict with what had been expressly provided in the Code or
against the intentions of the legislature. They cannot be exercised in conflict with
what has been expressly provided in the Code or against the intentions of the
legislature. And they have to be exercised in very exceptional circumstances.
The restrictions on these powers are not because they are controlled by the
provisions of the Code, but because it should be presumed that the procedure

4 Kanai law shawv. Bhathu shaw

provided by the legislature is dictated by the interest of justice (Manohar Lal
Chopra v. Seth Hiralal).

Under following circumstances the Court cannot exercise its

inherent powers:
1. The object of Sec. 151 is to provide justice and to undo wrong in case of abuse
of process of Court of fraud or misrepresentation by a party upon the court, or
where there is absence of rule of procedure in the circumstances of a particular
case. By involving the inherent powers, a court should not cause damage to
this object
2. The inherent powers cannot be involved where there is specific provision in
the code.
3. The code cannot exercise inherent power to grant interim relief which properly
ought to be granted only by the decree after determination of the points in
controversy.
4. To compel parties to submit to medical examination or blood test.
5. To appoint a commissioner to seize account-books in the possession of the
plaintiff.
6. To consider or review an order.
7. To set aside an ex parte decree.
8. To strike a defense.
9. To restore suit dismissed for default for non-payment of court-fee under Rule
11(d) of Order 7.
10.To refund court-fee on a review application when the review is granted on a
ground other than mistake of law fact; etc. etc.

➢ Conclusion
Inherent powers are the power of court which are helpful in minimizing litigation,
avoid multiplicity of proceedings and to render complete justice between two
parties. Section 148 to 153B of CPC discusses the provisions of the Inherent
powers of the Court. These provisions discuss the enlargement of time, payment
of court fees, transfer of the business of one court to another court, end of justice,
abuse of process of the court, amendment of judgement, decree, orders, and
records, etc.
➢ References
• http://bvpnlcpune.org/Article/Inherent%20Powers%20of%20a%20Civil
%20Court-Prof%20_Dr_%20Mukund%20Sarda.pdf

• https://blog.ipleaders.in/inherent-powers-of-the-court

• https://www.legalserviceindia.com/

• Bare Act of CPC, 1908

• C.K. Takwani (civil procedure code)