https://www.taxtmi.com/caselaws?id=459290 Section 151 CPC could be invoked to set aside dismissal of a misc. case where the earlier withdrawal and related steps were taken on mistaken legal advice. The Calcutta HC held that substituting one preliminary decree for another while the original decree still subsisted was misconceived, and that the matter was not confined to Order 47 Rule 1 because no express statutory bar prevented use of inherent powers to do justice and undo a wrong. The application was allowed, the dismissal order was set aside, and the misc. case was directed to proceed in accordance with law. en-us Tue, 05 Apr 1988 00:00:00 +0530 Sat, 07 Dec 2024 12:50:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459290 Section 151 CPC could be invoked to set aside dismissal of a misc. case where the earlier withdrawal and related steps were taken on mistaken legal advice. The Calcutta HC held that substituting one preliminary decree for another while the original decree still subsisted was misconceived, and that the matter was not confined to Order 47 Rule 1 because no express statutory bar prevented use of inherent powers to do justice and undo a wrong. The application was allowed, the dismissal order was set aside, and the misc. case was directed to proceed in accordance with law. Case-Laws Indian Laws Tue, 05 Apr 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459290