Section 151: Saving of inherent powers of Court

Questions on this section

5 questions in 20 of our papers cite Section 151. Try these from the free papers:

1. 1. Consider the following statements: 1. Section 151 CPC is the source that confers inherent powers on civil courts. 2. Under Section 153 CPC, the Court may at any time, on such terms as to costs or otherwise as it thinks fit, amend any defect or error in any proceeding in a suit. 3. Under Section 153B CPC, the place in which a Civil Court is held for trying a suit is deemed to be an open Court, though the presiding Judge may order that the public shall not have access in a particular case. Which of the statements given above is/are correct?

   A.1 and 3 onlyB.1, 2 and 3C.2 and 3 onlyD.1 and 2 only
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2. 2. Section 151 of the CPC preserves which power of the court?

   A.Power to transfer suitsB.Power to award costsC.Power to review judgmentsD.Inherent powers to make orders necessary for the ends of justice
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3. 3. In K.K. Velusamy v. N. Palanisamy (2011), the defendant applied, before the conclusion of arguments, to reopen the evidence and recall the plaintiff and an attesting witness to confront them with recorded conversations. On Order XVIII Rule 17 and Section 151 of the Code of Civil Procedure, 1908, the Supreme Court held that:

   A.neither Rule 17 nor Section 151 permits the evidence to be reopened once both parties have closed their evidence in the suitB.Section 151 can never be invoked to reopen evidence, because Rule 17 is the exhaustive provision on the recall of witnessesC.Rule 17 is mainly for the Court to clarify its doubts and not for parties to fill gaps, but Section 151 may in a proper case be used to reopen evidenceD.Rule 17 entitles either party, as of right, to recall any witness at any stage before judgment in order to fill up omissions in the evidence already led
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