Inherent civil court power permits withdrawal of a withdrawal application where no express procedural bar exists.

Section 151 of the Code of Civil Procedure preserves the court's inherent power to secure justice where no express procedural bar exists. On that principle, a second application seeking withdrawal of an earlier withdrawal application was maintainable because the Code did not prohibit it expressly, and the contrary view taken by the High Court was incorrect.

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Issues: Whether an application seeking withdrawal of an earlier application for withdrawal of suit was maintainable in the absence of an express bar.

Analysis: Section 151 of the Code of Civil Procedure preserves the court's inherent powers to act to secure justice where the procedure is not expressly prohibited. On that principle, the filing of a second application seeking withdrawal of the earlier withdrawal application could not be treated as barred merely because the Code did not specifically provide for it. The absence of an express prohibition meant that the requested procedural step remained permissible.

Conclusion: The application for withdrawal of the withdrawal application was maintainable and the view taken by the High Court was incorrect.

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