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1. DIVYA SHREE NANDINI
LL.B FINAL YEAR
SHRI RAMSWAROOP MEMORIAL UNIVERSITY

3. INTRODUCTION
 The word ‘inherent’ means existing in something as a permanent,
absolute, inseparable, essential or characteristic attribute.
 Inherent powers of courts are those powers which may be applied by
the court to perform full and complete justice between the parties
before it.
 It is the duty of the Courts to serve justice in every case, whether
given in this code or not, brings with it the important power to do
justice in the absence of a definite or separate provision.
 This power is said to be the inherent power that is maintained by the
court, though not conferred. Section 151 of the Civil Procedure Code
deals with the inherent powers of the court.

4. PROVISIONS OF SECTION 148 TO
153B OF CPC
The law relating to inherent powers of Court is given under Section
148 to Section 153A of the CPC, which deals with the exercise of
powers in different situations.
Following are the provisions of Inherent powers of Courts:
 Section 148 and Section 149 deals with grant or enlargement of
time;
 Section 150 deals with the transfer of business;
 Section 151 protects the inherent powers of the courts; and
 Section 152, 153 and Section 153A deals with amendments in
judgments, decrees or orders or in separate proceedings.

5. ENLARGEMENT OF TIME
• Section 148 of the CPC asserts that where any term is fixed or
awarded by the Court for the performing 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.
• In simple words, when a term is fixed by provision for the committing
any act, the Court has the power to extend such period up to 30 days.
This power is exercisable in the deficiency of any specific provision to
the contrary which reduces or rejects or withholds the period. The
power is limited to the extension of the time fixed by it and is
discretionary.

6. PAYMENT OF COURT FEES
According to Section 149 of CPC, “Where the entire or a portion of any fee
commanded for any certificate by the law for the time being in force relating to court-
fees has not been met, the Court may, in its discretion, at any step, permit 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 regard of which such fee is payable, shall
have the same force and result as if such fee had been paid in the initial situation.”
It permits the court to allow a party to make up for the lack of court fees due on a
complaint or notice of appeal etc., even after the expiry of the limitation period for
filing of the lawsuit or appeal, etc. Payment of the expected court fee is compulsory for
any document imputable with court-fee to be presented in the court. If the necessary
court fee is paid within the time set by the court, it cannot be negotiated as time-barred.
Such payment made within the time fixed by the court retrospectively validates a faulty
document. The power of the court is discretionary and must be exercised only in the
importance of justice.

7. SECTION 151 OF CPC
 Section 151 deals with “Saving of inherent powers of Court.” This
Section states that ‘Nothing in CPC shall be considered to restrict or
otherwise affect the inherent power of the Court to make such
orders as may be important for the ends of justice or to limit abuse
of the method of the Court.’ It is not obligatory for the court to wait
for the law made by parliament or order from the higher judiciary.
Court has discretionary or inherent power to make such order which
is not given in terms of laws for the security of justice or to check
misuse of the method of the Court.
 The scope of exercising of Section 151 of CPC can be represented
by some cases as follows:

8.  The court may recheck its orders and resolve errors;
 Issuance of provisional sanctions when the case is not included
by order 39 or to place alongside an ‘ex parte’ order;
 Illegal orders or orders passed without jurisdiction can be set-
aside;
 Subsequent events in the case can be taken into consideration by
the court;
 Power of Court to continue trial ‘in camera’ or prevent
disclosure of its proceedings;
 The court can erase remarks made against a Judge; and
 The court can improve the suit and re-hear on merit or re-
examine its order.

9. ENDS OF JUSTICE
"DEBENDRANATH V. SATYA BALA DASS"
In this case the meaning of “ends of justice” was explained. It was held
that “ends of justice” are solemn words, also theres words are not
merely a polite expression as per juristic methodology. These words
also indicate that Justice is the persuit and end of all law. However, this
expression is not vague and indeterminate notion of justice according
to laws of the land and statutes.
The Court is allowed to exercise these inherent powers in cases like- to
recheck its own order and correct its error, to pass injunction in case
not included by Order 39, and an ex parte order against the party, etc.

10. 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 court. 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.

11.  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 prejudice no one). 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.

12. AMENDMENT OF JUDGMENTS,
DECREES, ORDERS, 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.

13.  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.

14. LIMITATION
 The exercise of inherent powers carries with it certain
barriers such as:
 They can be applied only in the deficiency of
particular provisions in the Code;
 They cannot be applied in dispute with what has been
expressly given in the code;
 They can be applied in rare or exceptional cases;
 While operating the powers, the court has to follow
the method shown by the legislature;

15.  Courts can neither exercise jurisdiction nor entrust in
them by law;
 To abide by the principle of Res Judicata i.e., not to
open the issues which have already been decided
finally;
 To pick a mediator to make an award afresh;
 Substantive rights of the parties shall not be taken
away;
 To limit a party from taking proceedings in a court of
law; and
 To set apart an order which was valid at the moment
of its issuance.

16. SUMMARY OF PROVISIONS OF
INHERENT POWERS OF COURTS
A summary of Section 148 to Section 153B is that
the powers of the court are quite deep and
extensive for the scope of:
 Reducing litigation;
 Evade multiplicity of proceedings; and
 To supply full and complete justice between the
parties.