Inherent Powers of the Court

Inherent Powers of the Court

Courts are established to do justice between the parties; therefore, they must possess all necessary powers for prevention of abuse of process and to secure ends of justice. Inherent powers are powers which may be exercised by the court to do full and complete justice between the parties. They are complimentary and in addition to the power, expressly conferred by the Code so that such powers come to secure the court in unforeseen cases which could not be contemplated by Legislature. In Manohar Lal Chopra v. Seth Hiralal, AIR 1962 SC 527, Supreme Court held that the inherent power has not been conferred upon the court, it is a power inherent in the court by virtue of being a court and its duty to do justice between the parties. Thus, this power is necessary in the interest of justice.

Scheme: Sections 148 to 153A of the Code provide for inherent powers of the court. Where Section 151 preserves the inherent powers of the court, Section 148, 149, 152, 153 and 153A lay down specific instances of such powers of the court.

When such powers is exercised: Section 151, which saves the inherent power of the court, provides that inherent powers may be exercised to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the court. When the court employs a procedure to do something which it never intended to do and it causes miscarriage of justice then it is called abuse of the process of the court. It is based on the maxim "actus curiae neminem gravabit" i.e. an act of the court shall prejudice no one.

The court can pass following orders in exercise of its inherent power under Section 151:

1. Order issuing temporary injunction in cases not covered under Order 39 of the Code. 

2. Recalling its own order and correcting mistakes.

3. Setting aside an ex-parte order passed against the party. However, such order cannot be passed ignoring the provisions of Order 9 of the Code.

4. Take notice of subsequent events.

4. Directing joint trial of the suit, etc.

Limitations on the exercise of inherent powers: Even though the inherent powers of the court are very wide and discretionary in nature, yet there are certain limitations upon the ex.ercise of such powers. The powers can be exercised ex debito justitiae i.e. in the absence of specific provisions of the Code. Following are the limitations:-

1. They cannot be exercised in conflict with what had been expressly provided in the Code.

2. If there are express provisions exhaustively covering a particular issue, no inherent power shall be exercised in respect of such issues.

3. It cannot be exercised for the benefit of litigant who has remedy under relevant statute and he has not availed the same. [Arjun Singh v. Mohindra Kumar, AIR 1964 SC 993]

4. Court cannot assume jurisdiction which is not vested in it by law, by invoking inherent powers.

5. Inherent powers are restricted to procedural matters. They cannot disturb the substantive rights of the parties.  

The Code provide following other specific instances when inherent powers of the court can be exercised:

1. Enlargement of time [Section 148]: Section 148 empowers the court to extend the time in case where any period of time is fixed or granted by the court for doing an act prescribed by the Code. This section has no application when the time has not been fixed or granted by the court or a particular act has not been allowed by the Code. Such period enlarged shall not exceed 30 days in total. The word 'may' indicates that the power is discretionary and the court is entitled to take into account the conduct of the parties.

2. Payment of court fees [Section 149]: Section 149 empowers the court to allow a party to make up the deficient court fee payable on a plaint, appeal memorandum, etc, even after the expiry of period of limitation prescribed for filing such suit or appeal etc. When the court grants the time to pay deficient court fee and the fee is subsequently paid then it has a retrospective effect i.e. it shall have the same force and effect as if the fee had been paid in the first instance.

3. Amendment powers [Section 152-153A]: Section 152 empowers the court to correct any clerical or arithmetic error in the judgment, decree or order so that party is not prejudiced to due acts of the court. In Samarendra v. Krishna Kumar, AIR 1967 SC 1440, Supreme Court held that Section 152 is based on two important principles, firstly, the act of the court should prejudice no one and secondly, it is the duty of the court to see that their records are true and represent correct state of affairs. Court cannot modify, alter or add to the terms of its original judgment, decree or order.

Section 153 provides the general power to amend. It empowers the court to amend any defect or error in any proceedings in a suit and all necessary amendments shall be made for the purpose of determining the real questions or issues raised depending upon such proceedings.