Section 151 Of The CPC Can Be Invoked Only When No Other Remedy Is Available Highlights The Supreme Court Quashing The High Court’s Order

• The apex Court recently held that the inherent powers of the court under section 151 of the Code of Civil Procedure (CPC) can only be applicable if there is no alternate remedy available in accordance with the law.
• Section 151 of the Code of Civil Procedure deals with inherent powers.
• It can be invoked only when no other remedy is available and not otherwise.
• This case of My Palace Mutually Aided Cooperative Society vs B. Mahesh was heard by CJI NV Ramana, Justices Krishna Murari and Hima Kohli.
• In this case, the plaintiff, filed a suit in the year 1953, for the partition of properties of the Nawab known as 'Asman Jahi Paigah', later transferred to the High court of Andhra Pradesh.
• In this suit, a cooperative society (appellant) filed an application (for passing a final decree in their favour in respect of property] for claiming a property which was passed by the court. 
• The High Court, on merits, held that the appellant had obtained the final decree by suppressing certain information and thus recalled the decree by exercising its powers under Section 151 CPC.

On an appeal filed against the judgement passed by the Telangana High court which had allowed the recall of the final decree of 2013 in a property matter, the supreme court passed its judgement.

• Such inherent power cannot override statutory prohibitions or create remedies which are not contemplated under the Code. Section 151 cannot be invoked as an alternative to filing fresh suits, appeals, revisions, or reviews", the bench of CJI NV Ramana, Justices Krishna Murari and Hima Kohli observed.
• civil courts cannot exercise substantive jurisdiction to unsettle already decided issues.
• A Court having jurisdiction over the relevant subject matter has the power to decide and may come either to a right or a wrong conclusion. Even if a wrong conclusion is arrived at or an incorrect decree is passed by the jurisdictional court, the same is binding on the parties until it is set aside by an appellate court or through other remedies provided in law.