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University Institute of Legal Studies, Panjab University, Chandigarh

Topic : Inherent Powers of the Court

Subject : Code of Civil Procedure-I

Under the Supervision of : Dr. Karan Jawanda

Submitted By : Satwant Singh, 7th Semester B.Com.LL.B.(Hons.), Section-D 265\17

Acknowledgeme Acknowledgement nt

Any work requires the effort of many people and this is no different. First of all, I would like to express my heartiest thanks to the Director of University Institute of Legal Studies, for giving me an opportunity to study in such a great institution. Then I thank my teacher for firstly making me understand the contents of my topic and then giving me a wonderful opportunity to present this topic in form of an assignment. Her support and teaching helped me a lot to complete this assignment. I would also like to thank my friends who were always available to me for help and also helped me collect data for my project through various sources. Regardless of anything, I wish to express my gratitude to those who may have contributed to this assignment, even though anonymously.

Satwant Singh

Table of content

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INTRODUCTION______________________________________________________ PROVISION OF SECTION 148 TO 153B OF CPC ______________________________ ENLARGEMENT OF TIME ______________________________________________ PAYMENT OF COURT FEES _____________________________________________ TRANSFER OF BUSINESS _______________________________________________ SECTION 151 OF CPC _________________________________________________ ENDS OF JUSTICE ____________________________________________________ ABUSE OF PROCESS OF COURT _________________________________________ AMENDMENTS OF JUDGEMENTS, DECREES, ORDERS, AND OTHER RECORDS ____ LIMITATIONS _______________________________________________________ SUMMARY OF PROVISIONS OF INHERENT POWERS OF COURTS _______________ SUGGESTION _______________________________________________________ CONCLUSION _______________________________________________________ REFERENCES ________________________________________________________

Introduction Meaning of ‘inherent’ is 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 15 of the Civil Procedure Code deals with the inherent powers of the court

Provisions of Section 148 to 153B of CPC The law relating to inherent powers of Court is mentioned in Section 148 to Section 153A of the Civil Procedure Code, which deals with the exercise of powers in different situations. Following are the provisions of Inherent powers of Courts:

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Section 148 and Section 149 deals with grant or enlargement of time;

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Section 150 deals with the transfer of business;

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Section 1511 protects the inherent powers of the courts; and

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Section 152 153 and Section 153A deals with amendments in judgments, decrees or orders or in separate proceedings.

Sec 151 of Civil Procedure Code states: “Nothing in this code, shall be deemed to limit or otherwise affect the inherent powers of the court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the court”

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. In simple words, when a term is fixed by provision for the doing of 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 2 and is of a discretionary nature 3.

In the matter of Ram Chand and Sons Sugar Mills v. Kanhayalal Bhargava, the apex court said that court cannot exercise its inherent power if it is incompatible and contrary with given sections of law or the power conferred through other provisions of the act.

In the case of M/s Jaipur Mineral Deveopment Syndicate v. The commissioner of I.T, court upheld the same notion. It did so by stating that unless there is an express or implied restriction or prohibition, courts have the authority to pass an order that it deems imperative to prevent the abuse of the courts process. The petitioner argued that while the first suit was pending , certain events have occurred which led to the first suit s failure and in law that said the suit could not be kept pending and was continued only for the sake of continuing an interim order made in it. This presented a key question of law to the supreme court – whether or not the court has the authority to take cognizance of a subsequent event to determine whether the pending suit should be disposed or not.

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Jagdhayan Vs. Balu Ram AIR 1983 SCP.59 Ibid

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 court4. 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 5.

In the matter of Manoharlal v. Seth Hiralal , the court held that the sections of the code are not exhaustive. This is because the legislature cannot ever foresee all potential situations when it is drafting law. All future circumstances cannot be conceived when the codification of law occurs, which is why it is important to give certain leeway and liberty to courts. In the case of Bahadur Pradhani v. Gopal Patel, it was about the plaint of a money suit getting rejected because the deficit court fee had not been paid in the time duration granted by court. The appellant filed a petition under section 151 of the code, to seek restoration of the suit. The court permitted the restoration of the suit and assessed the ambit of the inherent powers. The court went on say that sections of the code do not dictate the inherent powers of the court nor restrict them. It is a power that is fundamental and intrinsic to the courts by the virtue of the courts duties and prerogative for justice.

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Sec 4 of the Court Fees Act, 1970. K.C. Skaria Vs. Govt. of Kerala AIR 2006 SC P.431.

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.” For example- When the business of a court A is transferred to any other court B, the court B will exercise the same power or perform the same duties given or commanded by CPC upon the transfer court.

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:

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The court may recheck its orders and resolve errors6

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Issuance of provisional sanctions when the case is not included by order 397 or to place alongside an ex part ’ order 8

Keshardeo Vs. Radha Kisaan, AIR 1953 SC P.23. Mohanlal Chopra Vs. Seth Hiralal, aIR 1963 SCP.527. 8 Martin Burn Ltd., Vs. R.N.Banerjee, AIR 1958 SC P.83. 7

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Illegal orders or orders passed without jurisdiction can be set-aside9

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Subsequent events in the case can be taken into consideration by the court10

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Power of Court to continue trial ‘in camera’ or prevent disclosure of its proceedings11

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The court can erase remarks made against a Judge; and 12

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The court can improve the suit and re-hear on merit or re-examine its order13.

Ends of justice -

In the case o Debendranath v Satya Bala Das , the meaning of “ends of justice” was explained. It was held that “ends of justice” are solemn words, also there is 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.

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Mulraj Vs. Murti Raghunathji Maharaj, AIR1967 SC P.1386. Nair Service Society Ltd., Vs. K.C.Alexander, AIR 1968 SC P.1165 11 Naresh Sridhar Vs. State of Maharashtra, AIR 1967 SC P.31. 12 State of Assam Vs. Ranga Muhammed, AIR 1967 Sc P.907. 13 Shivdeo Singh Vs. State of Punjab, AIR 1963 SC P.1911.

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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 anyone14. When a party practices fraud on the court or on a party to a proceeding15, 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 o 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.

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

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4 Forasal Vs. ONGC, AIR 1984 SC P.241. Dadu Dayal’s Case (1990)1 SCC P.189

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 -

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;

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They cannot be applied in dispute with what has been expressly given in the code;

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They can be applied in rare or exceptional cases;

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While operating the powers, the court has to follow the method shown by the legislature;

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Courts can neither exercise jurisdiction nor entrust in them by law;

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To abide by the principle o Res Judicata i.e., not to open the issues which have already been decided finally;

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To pick a mediator to make an award afresh;

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Substantive rights of the parties shall not be taken away;

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To limit a party from taking proceedings in a court of law; and

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To set apart an order which was valid at the moment of its issuance.

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;

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Evade multiplicity of proceedings; and

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To supply full and complete justice between the parties.

Suggestions –

It may be recommended that rules put down by the courts in the application of inherent powers concurrently with the restraints and limitations on the application of the power be arranged in the form of rules to be made by the Supreme Court and be made desirable to the courts for their leadership. The rules may also provide to deal with different circumstances unprovided for which arises in future.

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

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Bare Act of CPC, 1908...