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Section 151: Saving of inherent powers of Court

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 150 All 158 Sections of Code of Civil Procedure Section 152

Legal Commentary & Landmark Judgments: Section 151

Section 151 of the Code of Civil Procedure, 1908 preserves the inherent powers of civil courts to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.

  • Statutory Rights & Obligations: The inherent power is governed by well-established judicial boundaries: (1) it cannot be invoked when there is an express provision in the Code covering the field; (2) it cannot be exercised in conflict with what is expressly prohibited by the Code; and (3) it cannot be used to introduce substantive rights or defeat statutory limitation periods.
  • Procedural Rule & Jurisdiction: Section 151 is the safety valve of civil procedure.

However, counsel cannot use Section 151 to bypass explicit statutory mandates (e.g. extending written statement deadlines beyond the 120-day commercial limit in *SCG Contracts*).

Key Landmark Precedents:
  • Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal, AIR 1962 SC 527: The 4-Judge Constitution Bench established that the Code is not exhaustive, and civil courts have inherent power under Section 151 to pass orders ex debito justitiae (such as granting interim injunctions in cases not strictly falling within Order XXXIX) where necessary for the ends of justice.
  • K.K. Velusamy v. N. Palanisamy, (2011) 11 SCC 275: The Supreme Court held that Section 151 can be invoked to reopen evidence or recall witnesses for cross-examination to prevent miscarriage of justice, where no specific provision covers the situation, provided it is not an abuse of process.
  • My Palace Mutually Aided Coop. Society v. B. Mahesh, (2022) 18 SCC 726: The Court reiterated that inherent powers under Section 151 cannot be exercised in contravention of express statutory provisions or to circumvent statutory appeals.
Legal Commentary:

Section 151 is the safety valve of civil procedure. It is routinely invoked to consolidate interconnected suits, recall orders obtained by fraud, correct inadvertent ministerial blunders, and grant urgent ad-interim protections. However, counsel cannot use Section 151 to bypass explicit statutory mandates (e.g. extending written statement deadlines beyond the 120-day commercial limit in *SCG Contracts*).

Section 150 All 158 Sections of Code of Civil Procedure Section 152