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Code of Civil Procedure, 1908 · Chapter XI: Miscellaneous

Section 151: Saving of inherent powers of Court

In plain words

Nothing in this Code limits the inherent power of the court to make orders necessary for the ends of justice or to prevent abuse of the court's process.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

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.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this section

Section 151 saves the inherent power of the court to make orders necessary for the ends of justice or to prevent abuse of its process. It does not create the power; it recognises a power that inheres in every court because of its duty to do justice.

When it can be used

Where the Code is silent and justice requires an order, such as recalling an order obtained by fraud, correcting a mistake of the court, or consolidating suits.

When it cannot

Inherent power cannot be used to override express provisions of the Code, or where the Code provides a specific remedy. Where the Code deals expressly with a matter, that provision is normally exhaustive.

Act of court

No party should suffer because of a mistake of the court. Inherent power is often used to undo the effect of such mistakes.

Key Supreme Court rulings

  • Manohar Lal Chopra v. Seth Hiralal AIR 1962 SC 527

    The inherent power is not conferred by section 151 but inheres in the court by virtue of its duty to do justice; it cannot, however, be exercised so as to nullify the provisions of the Code, and where the Code deals expressly with a matter its provision is normally exhaustive.

Common mistakes

  • Invoking section 151 where the Code provides a specific remedy.

Read with: Section 148 CPC, Section 152 CPC, Section 482 CrPC

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 151