K.K. Velusamy v N. Palanisamy (2011)

CPC & Limitation Act · Inherent Powers & Interlocutory Orders (ss.148–151, s.94)

Facts.

A party invoked s.151 to reopen evidence and recall witnesses after closure of evidence.

Issue.

Does s.151 permit such an order, and within what limits?

Held.

The court has inherent power to do so to prevent injustice, but it must be exercised sparingly, with caution, and only where no specific provision governs and no injustice results to the other side.

Why it matters.

A recent restatement of s.151’s residuary, carefully-bounded nature.

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