Section 151 gives statutory recognition to the inherent power of the court to make such orders as may be necessary for the ends of justice and in the absence of any specific law to the contrary, the Court is entitled to exercise this power.
Indeed, to recall and cancel an invalid order, or an order passed inadvertently or by oversight, is not simply permitted but is the duty of the Court which should always be vigilant not to allow any act of itself or any mistake of counsel to do wrong to the suitor.
How exactly the error has occurred is irrelevant, nor for the revocation of an erroneous order any cause other than the irregularity of the order itself need be considered.
ADVERTISEMENTS:
A mere mistake of law is normally not sufficient ground for correcting a wrong order but if the mistake is an obvious one due to failure to notice a particular piece of legislation the Court has the power to make the necessary correction and should not be hesitant in exercising that power.
As to the aggrieved party, it has a right to choose b
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etween approaching the court itself under S. 151 and going to the Court of Appeal assuming of course that an appeal is maintainable. [Dan Singh Bist v. Addl. Collector, 1951 A.L.J. 789].
ADVERTISEMENTS:
It is clear from the above that where a wrong order cannot be corrected under S. 114 and O. 47, R. 1, C.P.C. it by no means follows that the correction be made under S. 151. The Court has power to act under S. 151, C.P.C., for doing justice.