Section 151 of The Code of Civil Procedure, 1908
Saving of inherent powers of Court.
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.
Summary
- This section protects the inherent power (natural authority) of a court to act when specific rules are missing.
- It ensures that the written rules of the Code do not limit a court's ability to do what is necessary.
- Courts use this power to reach the "ends of justice" (a fair and right result).
- It also allows courts to stop any "abuse of the process" (misusing court rules for unfair reasons).
Practical examples
FAQ
1. What is the main purpose of Section 151 of The Code of Civil Procedure, 1908?
The main purpose of Section 151 of The Code of Civil Procedure, 1908, is to preserve the court's natural power to make any orders needed to ensure justice and prevent the misuse of legal rules.
2. Does Section 151 of the 1908 Act give courts new powers?
No, Section 151 of the 1908 Act says the existing Code cannot "limit or otherwise affect" the power the court already has to act for justice.
3. What does "abuse of the process" mean in Section 151 of the Civil Procedure Code?
In Section 151 of the Civil Procedure Code, it means misusing court procedures or rules in a way that is unfair, dishonest, or meant to harass the other party.
Test yourself
1.Under Section 151 of The Code of Civil Procedure, 1908, what is the court's inherent power used for?
2.What effect does the rest of the Code have on inherent powers under Section 151 of the 1908 Code?
3.Under Section 151 of the 1908 Act, a court can prevent which of the following?
4.If a court's business was moved under Section 150, does the new court still have inherent powers under Section 151?