Inherent powers under civil procedure can support recall of withdrawal and restoration of suit to secure substantial justice.

A civil court may invoke its inherent powers under Section 151 of the Code of Civil Procedure, 1908 to recall an order permitting withdrawal of a suit and restore the suit where the Code contains no express procedure for such recall. The absence of leave to file a fresh suit under Order XXIII Rule 1 does not exhaust the court's jurisdiction, and inherent power may be used ex debito justitiae to secure real and substantial justice between the parties. On that basis, the restoration of the suit was upheld and the challenge to it failed.

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Issues: Whether a court can recall an order permitting withdrawal of a suit and restore the suit when no leave to file a fresh suit was sought or granted under Order XXIII Rule 1 of the Code of Civil Procedure, 1908.

Analysis: The order permitting withdrawal without liberty to institute a fresh suit did not exhaust the court's inherent jurisdiction. Where the Code is silent on the procedure for recalling such an order, Section 151 of the Code of Civil Procedure, 1908 enables the court to act ex debito justitiae to do real and substantial justice between the parties. The absence of a specific provision for recall does not take away the court's inherent power, and the earlier withdrawal order could be reconsidered where justice so required.

Conclusion: The High Court did not commit any jurisdictional error in restoring the suit, and the challenge to the restoration failed.

Ratio Decidendi: In the absence of an express procedural provision, a civil court may invoke its inherent powers under Section 151 of the Code of Civil Procedure, 1908 to recall an order permitting withdrawal of a suit and restore the suit in appropriate cases to secure substantial justice.

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