Nothing in the Code of Civil Procedure, 1908 shall be deemed to limit or otherwise affect the inherent power of the Civil Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the p

Section 151 of the Code of Civil Procedure, 1908 (CPC) states: "Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Civil 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 section does not confer any specific power but recognizes the inherent powers of the Courts. It is frequently used in litigation for situations not explicitly covered by the Code. The scope of Section 151 CPC has been explained by the Supreme Court in the case of K.K. Velusamy v. N. Palanisamy (2011) 11 SCC 275 as follows: Not a Substantive Provision: Section 151 CPC is not a substantive provision that creates or confers any power or jurisdiction on Courts. It merely recognizes the discretionary power inherent in every Court as a necessary corollary for rendering justice in accordance with law, to do what is "right" and undo what is "wrong", i.e., to do all things necessary to secure the ends of justice and prevent abuse of its process. Code Not Exhaustive: As the provisions of the Code are not exhaustive, Section 151 recognizes and confirms that if the Code does not expressly or impliedly cover any particular procedural aspect, the inherent power can be used to deal with such a situation or aspect, if the ends of justice warrant it. The breadth of such power is coextensive with the need to exercise such power on the facts and circumstances. Limitations: A Court has no power to do that which is prohibited by law or the Code, by purported exercise of its inherent powers. If the Code contains provisions dealing with a particular topic or aspect, and such provisions either expressly or by necessary implication exhaust the scope of the power of the Court or the jurisdiction that may be exercised in relation to that matter, the inherent power cannot be invoked to cut across the powers conferred by the Code or in a manner inconsistent with such provisions. Complementary Power: The inherent powers of the Court are complementary to the powers specifically conferred. A Court is free to exercise them for the purposes mentioned in Section 151 of the Code when the matter is not covered by any specific provision in the Code and the exercise of those powers would not in any way be in conflict with what has been expressly provided in the Code or be against the intention of the legislature. Caution in Exercise: While exercising the inherent power, the Court will be doubly cautious, as there is no legislative guidance to deal with the procedural situation. The exercise of power depends upon the discretion and wisdom of the Court, and the facts and circumstances of the case. The absence of an express provision in the Code and the recognition and saving of the inherent power of a Court should not, however, be treated as a carte blanche to grant any relief. Circumspection and Care: The power under Section 151 will have to be used with circumspection and care, only where it is absolutely necessary, when there is no provision in the Code governing the matter, when the bona fides of the applicant cannot be doubted, when such exercise is to meet the ends of justice and to prevent abuse of process of Court. In summary, inherent powers are residual powers of the court to do justice in situations not covered by specific provisions of the CPC, provided they do not contradict existing law.