Saving of Inherent Powers of Court (Section 151)
1. The Exact Statutory Language
"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."
- Key Verb: Shall (not "may", "shall not", or "may not").
- Key Term: Inherent power (not appellate, original, or revisionary power).
2. Core Concepts & Purpose
- Nature of the Power: Section 151 does not create or confer new powers on the court. It merely recognizes, preserves, and saves pre-existing powers that the court automatically possesses by virtue of being a judicial institution.
- Twin Purposes: The court can only invoke Section 151 for two specific reasons:
- 1.Meeting the ends of justice (preventing procedural technicalities
- from defeating fairness)
2. Prevention of abuse of the process of the court (stopping parties from playing tricks, committing fraud, or wasting court time).
3. Strict Limitations (When it cannot be used)
- Cannot conflict with express law: If the CPC already has a specific rule or provision for a situation, Section 151 cannot be used to bypass or override it.
- Supplement, not Supplant: It is meant to fill in the gaps where the Code is silent. It cannot be used to do something the Code expressly prohibits.
- Used Sparingly: Because it is so broad, courts must use this power with great caution and only as a last resort when no other remedy exists.