Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal

AIR 1962 Supreme Court 527Supreme Court of India1962Civil Procedure Code and Law of Limitation

Rule established

Section 151 CPC affirms the inherent power of civil courts to do justice, but this power cannot be exercised to nullify or override express provisions of the CPC. Inherent power supplements the Code; it does not supplant it.

Facts

The appellant filed a suit for recovery of money before the Subordinate Judge at Asansol
The respondent filed a counter-suit at Indore for recovery of money
The respondent applied for a stay of the Asansol suit under the inherent powers of the court (Section 151 CPC), arguing parallel proceedings
The question arose whether Section 151 could be invoked where the Code already provided specific provisions for dealing with parallel proceedings (Sections 10 and 25)

Issue

Whether the inherent power under Section 151 CPC can be exercised to override or bypass express provisions of the Code.

Held

Section 151 affirms the inherent power of courts; it does not create it
The inherent power exists by virtue of the court's duty to do justice between parties
However, this power cannot be exercised so as to nullify the provisions of the CPC
Where the Code expressly provides a procedure for a situation, the court must follow it
Inherent power is supplementary: it fills gaps where the Code is silent

Ratio Decidendi

Section 151 preserves inherent power to do justice but cannot be used to override express CPC provisions. Inherent jurisdiction supplements the Code where it is silent; it does not supplant the Code where it speaks.

How to use it in an exam

Section 151: The primary authority on the limits of inherent power
CPC features: Cited to explain that CPC is "exhaustive but not rigid": S.151 fills gaps but cannot override
Key line for exam: "In Manohar Lal Chopra (1962), the Supreme Court held that S.151 CPC affirms inherent jurisdiction but this power cannot nullify express provisions of the Code. Inherent power supplements; it does not supplant."

Source

Source: AIR 1962 SC 527

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.

Cited in study notes

Codification and Introduction to CPCCPC as exhaustive procedural code