Section 151 CPC allows courts to grant extraordinary reliefs in situations where no specific provision exists in the CPC, provided such relief is necessary to meet the ends of justice or to prevent abuse of the judicial process.
Section 151 of the Code of Civil Procedure, 1908, is one of the most powerful and flexible provisions available to civil courts in India. Despite having a procedural framework as exhaustive as the CPC, there are situations that the legislature could not specifically predict. In such circumstances, courts rely on their inherent powers under Section 151 to ensure that justice is not defeated merely because the CPC does not contain an explicit procedure or remedy.
Over the years, courts in India have consistently held that although inherent powers must be used cautiously, they remain an indispensable part of the civil justice system. They allow the court to craft appropriate extraordinary reliefs genuinely required in the interest of justice.
This article explores the scope, nature, legal principles, and extraordinary reliefs available under Section 151 CPC, along with judicial precedents and practical insights.
1. Understanding Section 151 CPC: The Inherent Powers of Civil Courts
Section 151 CPC states:
“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.”
This provision is the backbone of judicial discretion. It emphasizes two key objectives:
- To secure the ends of justice
- To prevent abuse of the court’s process
The inherent powers are:
- Procedural in nature
- Suppletive (fill gaps when the CPC is silent)
- Discretionary
- Available to prevent injustice
Courts have held repeatedly that Section 151 cannot be used to override explicit provisions of the CPC, but it can be invoked when no express provision deals with the situation.
2. Legal Nature of Section 151: When Can It Be Invoked?
Section 151 powers are not arbitrary; they must satisfy certain judicially established standards:
a. When no specific provision exists in the CPC
For example:
- Restoration of a case dismissed for default but not covered by Order IX
- Recall of an order passed due to fraud
- Granting permission for compromise when parties are absent
b. When strict compliance with the CPC would cause injustice
For example:
- Allowing additional evidence in extraordinary circumstances
- Staying proceedings to avoid conflicting judgments
c. When necessary to prevent abuse of judicial process
For example:
- Stopping a party from misusing procedural delays
- Disallowing repetitive or mala fide applications
d. To protect the integrity of the court
Such as:
- Preventing violation of court orders
- Restoring status quo when a party acts in bad faith
3. Extraordinary Reliefs Commonly Granted Under Section 151 CPC
Here are some of the most common extraordinary remedies courts grant under Section 151:
1. Restoration of Suits and Applications
Even when provisions like Order IX Rule 9 or Rule 13 do not strictly apply, courts may restore a case if justice demands.
2. Recall of Orders Obtained by Fraud or Misrepresentation
Fraud vitiates all judicial acts. Courts use Section 151 to recall orders obtained through deceit, pressure, or suppression.
3. Stay of Proceedings
Extraordinary stay orders may be granted to:
- Prevent parallel litigation
- Avoid contradictory decrees
- Maintain judicial discipline
4. Injunctions Not Covered by Order XXXIX
Examples:
- Injunction against misuse of court proceedings
- Injunction to maintain status quo if situation is urgent
Courts have clarified that inherent powers can supplement but not contradict Order XXXIX.
5. Police Protection Orders
Where injunctions already exist but are violated, courts may direct police assistance to enforce orders.
6. Appointment of Commissioner for Extraordinary Situations
Commissioners may be appointed to:
- Inspect property
- Collect evidence
- Preserve disputed materials
- Oversee business operations in complex disputes
7. Permission to Deposit Cheques or Amounts When Procedure Is Silent
If parties need judicial protection and the CPC lacks specific provision, courts rely on Section 151.
8. Preventing Abuse of Process
Courts may strike down:
- Repeated applications on the same issue
- Bogus petitions filed to delay trial
- Dilatory strategies used by litigants
9. Directions to Maintain Status Quo
When irreparable harm is imminent, courts may grant status quo even if the request doesn’t fit neatly under Order XXXIX.
10. Consolidation of Suits for Efficient Adjudication
In the absence of a specific rule, courts invoke inherent powers to consolidate cases involving similar issues.
4. Key Judicial Principles Governing Extraordinary Relief Under Section 151
Courts follow certain judicially established principles to determine whether extraordinary relief under Section 151 is justified.
Principle 1: Section 151 Cannot Override Express Provisions
If the CPC provides a specific remedy, Section 151 cannot be used to bypass or contradict it.
Principle 2: Relief Must Be Necessary, Not Just Convenient
A party must show:
- urgency,
- necessity,
- possibility of injustice if relief is denied.
Principle 3: Relief Should Promote Justice, Not Advantage
It should not be used as a shortcut for tactical benefit.
Principle 4: Discretion Must Be Used Judicially
Courts consider:
- conduct of parties
- good faith
- procedural fairness
Principle 5: Courts Can Prevent Abuse of Process
Misuse of procedural rules can be countered through Section 151.
5. Landmark Judgments Interpreting Section 151 CPC
1. Manohar Lal Chopra v. Hiralal (AIR 1962 SC 527)
The Supreme Court held that inherent powers are not limited by specific provisions, but they cannot be exercised where their exercise is prohibited.
2. Arjun Singh v. Mohindra Kumar (AIR 1964 SC 993)
Section 151 is not to be used to circumvent procedural rules.
3. Padam Sen v. State of UP (AIR 1961 SC 218)
Inherent powers cannot authorize actions inconsistent with statutory law.
4. Ram Chand and Sons v. Kanhayalal (AIR 1966 SC 1899)
Inherent powers exist to do real and substantial justice.
5. Indian Bank v. Satyam Fibres (1996)
Courts can recall orders obtained by fraud under Section 151.
6. K.K. Velusamy v. N. Palanisamy (2011)
Inherent powers can be used to allow additional evidence in exceptional cases.
6. Examples of Extraordinary Reliefs Granted by Courts
Example 1: Preventing Eviction Despite No Interim Order Rule
Where procedural rules were insufficient, courts granted protection through Section 151 to prevent hardship.
Example 2: Freezing Bank Accounts in Absence of Specific Rule
Courts have used inherent powers to restrain movement of funds to protect the subject matter of the suit.
Example 3: Recalling an Ex Parte Decree Obtained by Misrepresentation
Fraud gave grounds for recall though specific provisions existed.
Example 4: Immediate Police Assistance
Courts ordered police help to enforce injunctions when parties faced threats.
7. When Courts Refuse to Exercise Inherent Powers Under Section 151
Courts reject applications when:
- a specific remedy exists (e.g., appeal, review)
- parties seek to delay trials
- applications lack urgency or bona fides
- relief contradicts express CPC provisions
Examples include:
- refusal to stay proceedings when Order XXII applies
- refusal to restore suits beyond limitation without valid grounds
- refusal to entertain applications to recall reasoned orders
8. Practical Drafting Insights for Lawyers
To succeed under Section 151, a well-drafted application should include:
a. Grounds of Necessity
Explain why existing CPC provisions are insufficient.
b. Element of Urgency
Show likelihood of injustice if relief is not granted.
c. Factual Basis
Provide a chronological sequence showing the need for intervention.
d. Supporting Documents
Affidavits, emails, notices, financial records, medical evidence, inspection reports etc.
e. Case Law Citations
Cite relevant judgments supporting exercise of inherent powers.
f. Relief Must Be Reasonable
Courts avoid overly broad or harsh prayers.
9. Situations Where Extraordinary Reliefs Are Most Often Granted
- Suits involving fraud
- Urgent monetary claims
- Protection of property
- Business disputes with risk of asset dissipation
- Matrimonial disputes needing status quo
- Company disputes requiring urgent directions
- Estate and property matters needing immediate preservation
Courts expand inherent powers particularly in commercial disputes, where delay can cause irreparable financial harm.
10. Relationship Between Section 151 and Other CPC Provisions
a. With Order XXXIX (Injunctions)
Section 151 can expand, but not contradict, injunction rules.
b. With Order XL (Receivership)
Extraordinary receivership may be granted where subject matter is at high risk.
c. With Order IX (Restoration)
Used when restoration petition does not strictly fit Order IX requirements.
d. With Order XI (Disclosure in commercial suits)
Used to compel disclosures when rules are inadequate.
e. With Commercial Courts Act
Courts rely more heavily on Section 151 in commercial disputes to protect money claims.
11. Frequently Asked Questions on Section 151 CPC
Q1: Can Section 151 be used to grant injunctions?
Yes, but only when the situation is not covered under Order XXXIX.
Q2: Can courts use Section 151 to reopen evidence?
Yes, but only in exceptional cases where necessary to avoid miscarriage of justice.
Q3: Can a court pass ex parte orders under Section 151?
Yes, if urgency and irreparable harm are shown.
Q4: Is an appeal maintainable against an order under Section 151?
Generally no, unless the order affects substantive rights—then a revision may lie.
Q5: Can Section 151 override statutory provisions?
No, it cannot contradict express provisions of the CPC.
Conclusion
Section 151 CPC acts as the judicial safeguard that allows courts to deliver justice in situations where the CPC does not provide explicit procedural pathways. It is not intended to replace existing remedies but to supplement them where necessary. Courts exercise these inherent powers cautiously, ensuring that relief is granted only to protect justice, not to provide any unfair advantage to a party.
Applications under Section 151 CPC for extraordinary reliefs are especially powerful in matters involving fraud, urgent monetary claims, potential abuse of process, imminent dissipation of property, or procedural gaps. When properly invoked with well-structured grounds and factual justification, Section 151 becomes a highly effective tool to prevent injustice and uphold the integrity of judicial proceedings.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304