Introduction -

Meaning of ‘inherent’ is existing in something as a permanent, absolute,

inseparable, essential or characteristic attribute. Inherent powers of courts are
those powers which may be applied by the court to perform full and complete
justice between the parties before it. It is the duty of the Courts to serve justice
in every case, whether given in this code or not, brings with it the important
power to do justice in the absence of a definite or separate provision. This
power is said to be the inherent power that is maintained by the court, though
not conferred. Section 151 of the Civil Procedure Code deals with the inherent
powers of the court
Provisions of Section 148 to 153B of CPC -

The law relating to inherent powers of Court is mentioned in Section 148 to

Section 153A of the Civil Procedure Code, which deals with the exercise of
powers in different situations. Following are the provisions of Inherent powers
of Courts:
 Section 148 and Section 149 deals with grant or enlargement of time;
 Section 150 deals with the transfer of business; 
 Section 1511 protects the inherent powers of the courts; and
 Section 152, 153 and Section 153A deals with amendments in judgments,
decrees or orders or in separate proceedings.

Enlargement of time -

1
Sec 151 of Civil Procedure Code states: “Nothing in this code, shall be deemed to limit or otherwise affect the
inherent powers of the court to make such orders as may be necessary for the ends of justice or to prevent the
abuse of the process of the court”
Section 148 of the CPC states that where any term is fixed or awarded by the
Court for the doing of any act provided by CPC, it is the discretionary power of
the Court that Court may enlarge such period from time to time, even though
the term originally fixed or awarded may have departed.
In simple words, when a term is fixed by provision for the doing of any act, the
Court has the power to extend such period up to 30 days. This power is
exercisable in the deficiency of any specific provision to the contrary which
reduces or rejects or withholds the period. The power is limited to the extension
of the time fixed by it2 and is of a discretionary nature3.

Payment of court fees -

According to Section 149 of CPC, “Where the entire or a portion of any fee
commanded for any certificate by the law for the time being in force relating to
court-fees has not been met, the Court may, in its discretion, at any step, permit
the person by whom such fee is payable, to pay the whole or part as the case
may be, of such court-fee; and upon such payment, the document, in regard of
which such fee is payable, shall have the same force and result as if such fee
had been paid in the initial situation.”
It permits the court to allow a party to make up for the lack of court fees due on
a complaint or notice of appeal etc., even after the expiry of the limitation
period for filing of the lawsuit or appeal, etc. Payment of the expected court fee
is compulsory for any document imputable with court-fee to be presented in the
court4. If the necessary court fee is paid within the time set by the court, it
cannot be negotiated as time-barred. Such payment made within the time fixed
by the court retrospectively validates a faulty document. The power of the court
is discretionary and must be exercised only in the importance of justice5.

Transfer of business –

2
Jagdhayan Vs. Balu Ram AIR 1983 SCP.59
3
Ibid
4
Sec 4 of the Court Fees Act, 1970.
5
K.C. Skaria Vs. Govt. of Kerala AIR 2006 SC P.431.
According to Section 150 of CPC, “Save as otherwise granted, where the
business of any Court is assigned to any other Court, the Court to which the
business is so assigned shall have the same authority and shall make the same
duties as those sequentially presented and forced by or under this Code upon the
Court from which the business was so assigned.”
For example- When the business of a court A is transferred to any other court B,
the court B will exercise the same power or perform the same duties given or
commanded by CPC upon the transfer court.

Section 151 of CPC –

Section 151 deals with “Saving of inherent powers of Court.” This Section
states that ‘Nothing in CPC shall be considered to restrict or otherwise affect the
inherent power of the Court to make such orders as may be important for the
ends of justice or to limit abuse of the method of the Court.’ It is not obligatory
for the court to wait for the law made by parliament or order from the higher
judiciary. Court has discretionary or inherent power to make such order which
is not given in terms of laws for the security of justice or to check misuse of the
method of the Court.

The scope of exercising of Section 151 of CPC can be represented by some

cases as follows:
 The court may recheck its orders and resolve errors6
 Issuance of provisional sanctions when the case is not included by order
397 or to place alongside an ‘ex parte’ order8
 Illegal orders or orders passed without jurisdiction can be set-aside9
 Subsequent events in the case can be taken into consideration by the
court10
6
Keshardeo Vs. Radha Kisaan, AIR 1953 SC P.23.
7
Mohanlal Chopra Vs. Seth Hiralal, aIR 1963 SCP.527.
8
Martin Burn Ltd., Vs. R.N.Banerjee, AIR 1958 SC P.83.
9
Mulraj Vs. Murti Raghunathji Maharaj, AIR1967 SC P.1386.
10
Nair Service Society Ltd., Vs. K.C.Alexander, AIR 1968 SC P.1165
  Power of Court to continue trial ‘in camera’ or prevent disclosure of its
proceedings11
 The court can erase remarks made against a Judge; and12
 The court can improve the suit and re-hear on merit or re-examine its
order13.

Ends of justice -

In the case of Debendranath v Satya Bala Dass , the meaning of “ends of

justice” was explained. It was held that “ends of justice” are solemn words, also
there is words are not merely a polite expression as per juristic methodology.
These words also indicate that Justice is the persuit and end of all law.
However, this expression is not vague and indeterminate notion of justice
according to laws of the land and statutes. 
The Court is allowed to exercise these inherent powers in cases like- to recheck
its own order and correct its error, to pass injunction in case not included
by Order 39, and an ex parte order against the party, etc.

Abuse of process of the court -

Section 151 of the CPC provides for the exercise of inherent powers to check
the infringement of the process of the court. Abuse of the powers of the court
which happens in unfairness to party needs to get relief on the ground that the
act of a court shall not prejudice anyone14. When a party practices fraud on the
court or on a party to a proceeding15, the remedies have to be provided on the
basis of inherent power.

11
Naresh Sridhar Vs. State of Maharashtra, AIR 1967 SC P.31.
12
State of Assam Vs. Ranga Muhammed, AIR 1967 Sc P.907.
13
Shivdeo Singh Vs. State of Punjab, AIR 1963 SC P.1911.
14
4 Forasal Vs. ONGC, AIR 1984 SC P.241.
15
Dadu Dayal’s Case (1990)1 SCC P.189
The word ‘abuse’ is said to occur when a Court uses a method in doing
something that it is never expected to do is the perpetrator of the said abuse and
there is a failure of justice. The injustice so done to the party must be given
relief on the basis of the doctrine of actus curiae neminem gravabit (an act of
the court shall prejudice no one). A party to a case will become the perpetrator
of the abuse in cases when the said party does acts like obtaining benefits by
functioning fraud on the Court or a party to the proceedings, prompting the
multiplicity of proceedings, etc.

Amendment of judgments, decrees, orders, and other records –

Section 152 of CPC deals with the “Amendment of judgements, decrees, and
order.” According to Section 152 of CPC, Court has the power to change (either
by own actions or on the application of any of the parties) written or
arithmetical mistakes in judgments, decrees or orders or faults arising from an
unexpected lapse or imperfection.
Section 153 deals with the “General authority to amend.” This Section
empowers the court to amend any fault and error in any proceedings in suits and
all required improvements shall be made for the purpose of arranging raised
issues or depending on such proceeding.
Section 152 and 153 of the CPC makes it clear that the court may set correct
any blunders in their experiences at any time.
Power to amend decree or order where an appeal is summarily dismissed and
place of the trial to be deemed to be open Court are defined under Section 153A
and 153B of CPC,1908. 

Limitation -

The exercise of inherent powers carries with it certain barriers such as:
  They can be applied only in the deficiency of particular provisions in the
Code;
 They cannot be applied in dispute with what has been expressly given in
the code;
 They can be applied in rare or exceptional cases;
 While operating the powers, the court has to follow the method shown by
the legislature;
 Courts can neither exercise jurisdiction nor entrust in them by law;
 To abide by the principle of Res Judicata i.e., not to open the issues
which have already been decided finally;
 To pick a mediator to make an award afresh;
 Substantive rights of the parties shall not be taken away; 
 To limit a party from taking proceedings in a court of law; and
 To set apart an order which was valid at the moment of its issuance.

Summary of Provisions of Inherent powers of Courts –

A summary of Section 148 to Section 153B is that the powers of the court are
quite deep and extensive for the scope of:
 Reducing litigation;
 Evade multiplicity of proceedings; and
 To supply full and complete justice between the parties.
Suggestions –

It may be recommended that rules put down by the courts in the application of
inherent powers concurrently with the restraints and limitations on the
application of the power be arranged in the form of rules to be made by the
Supreme Court and be made desirable to the courts for their leadership. The
rules may also provide to deal with different circumstances unprovided for
which arises in future.

Conclusion –

Inherent powers are the power of court which are helpful in minimizing
litigation, avoid multiplicity of proceedings and to render complete justice
between two parties. Section 148 to 153B of CPC discusses the provisions of
the Inherent powers of the Court. These provisions discuss the enlargement of
time, payment of court fees, transfer of the business of one court to another
court, end of justice, abuse of process of the court, amendment of judgement,
decree, orders, and records, etc.
References -
 http://bvpnlcpune.org/Article/Inherent%20Powers%20of%20a%20Civil
%20Court-Prof%20_Dr_%20Mukund%20Sarda.pdf
 Bare Act of CPC, 1908