Supreme Court · 2011 INSC 34 · Decided 12 January 2011
Rajendra Prasad Gupta v. Prakash Chandra Mishra & ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 34 · [2011] 1 S.C.R. 321
- Case number
- CIVIL APPEAL No. 984/2006
- Decided
- 12 January 2011
- Bench
- MARKANDEY KATJU, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151
Headnote
-<; Code of Civil Procedure, 1908- s. 151 -Application for withdrawal of suit - During pendency of the application, plaintiff filed another application praying for withdrawal of the earlier c withdrawal application - Maintainability of the second application - Held: Application praying 'for withdrawal application was maintainable since there was no express bar in filing such an application - Section 151 gives inherent powers to the court to do justice - It has to be D interpreted to mean that every procedure is permitted to the court for doing justice unless expressly prohibited,
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