21 April 2020

Every procedure is permitted to the court for doing justice unless expressly prohibited

procedure-permitted-unless-prohibitedRules of procedure are handmaids of justice. Section 151 of the Code of Civil Procedure gives inherent powers to the court to do justice. That provision has to be interpreted to mean that every procedure is permitted to the court for doing justice unless expressly prohibited, and not that every procedure is prohibited unless expressly permitted. There is no express bar in filing an application for withdrawal of the withdrawal application.




Supreme Court of India

Rajendra Prasad Gupta
Vs.
Prakash Chandra Mishra


Decided on 12/01/2011

AIR 2011 SC 1137


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