Inherent power to undo a mistaken withdrawal application can be used to prevent injustice and let the suit proceed.

Section 151 of the Code of Civil Procedure preserves inherent power where the Code provides no express remedy or prohibition, and the Court may use it to prevent injustice and secure the ends of justice. Applying that principle, the HC held that it could, in an appropriate case, set aside an order dismissing a suit for non-prosecution and permit withdrawal of an earlier application for withdrawal of the suit, because Order 23 Rule 1 contains no express mechanism to undo a mistaken withdrawal application. The impugned refusal of relief was therefore unsustainable, the revisional application succeeded, and the plaintiff was allowed to proceed with the suit in accordance with law.

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Issues: Whether the Court could, in exercise of its inherent powers, set aside an order dismissing a suit for non-prosecution and permit withdrawal of an earlier application for withdrawal of the suit.

Analysis: Section 151 of the Code preserves the Court's inherent power where no express provision in the Code provides a remedy. Order 23 Rule 1 governs withdrawal of suits, but it contains no express mechanism for recalling a withdrawal application or undoing a withdrawal made without appreciating its prejudice. The Court distinguished authorities where restoration was refused on their facts and accepted the broader principle that, in a proper case and for justifiable reasons, the Court may act to prevent injustice and do real and substantial justice. The absence of an express prohibition, coupled with the need to avoid prejudice caused by a mistaken withdrawal, supported exercise of inherent power.

Conclusion: The Court held that it had jurisdiction under Section 151 to allow withdrawal of the application for withdrawal of the suit in an appropriate case, and the impugned order refusing such relief was unsustainable.

Final Conclusion: The revisional application succeeded, the order of the court below was set aside, and the plaintiff was granted the relief sought so that the suit could proceed in accordance with law.

Ratio Decidendi: Where the Code contains no express remedy and no prohibition exists, the Court may invoke its inherent power to recall or set aside an order and permit withdrawal of a withdrawal application if necessary to prevent injustice and secure the ends of justice.

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