https://www.taxtmi.com/caselaws?id=288256 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. en-us Wed, 14 Aug 1985 00:00:00 +0530 Thu, 28 May 2020 10:53:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=288256 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. Case-Laws Indian Laws Wed, 14 Aug 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=288256