BRIEF NOTE ON SECTION 151 OF CPC

INTRODUCTION

It is delinquent provision to do justice between the parties for its invocation it is clear that there is no other specific provision seeking that relief. it is an inherent power of the court. wherever grey areas are found or specific provisions are not found, then inherent power of the court can be taken resort to under this provision. This is because even after much efforts an exhaustive legislation covering all aspects is difficult to formulate.inherent powers are complementary in nature.

Supreme Court in Manohar Lal vs Seth Hira Lal held as inherent powers is not given to the courts but it is power which is vested in the court to meet the ends of justice.

In another judgment it was observed that even in writ petition filed under provisions of Art 226 of Constitution Court has power to review its order under this provision.

SCOPE AND APPLICATION

Court which has the power to adjourn the case also has the power to pre-pone the case which can be done under this provision.

For recalling of witness also, this provision may be invoked.

Also in some cases where monetary stakes are involved, court has power under Sec 151 to grant some interim relief. For eg in a case o partition, where a widow is a party but not in possession, court can grant her interim relief during the pendency of the case.

Reconstruction of the case: Suppose court fees paid in excess, then court has power to refund the excess amount.

Appellate court has power to stay/set aside proceedings under this provision.

Restoration / revival of applications filed under O.9 R.9 or O.9 R.13, application may be invoked under this provision.

where a decree / order has been obtained under fraud, then court has power to set aside the same under this provision.

CONCLUSION

This provision can be invoked in absence of the specific provisions under the law.

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