Withdrawal of Withdrawal Application Permissible SC

By Narendra Sharma, Consultant (Legal)

 

Recently, hon™ble Supreme Court in RAJENDRA PRASAD GUPTA V. PRAKASH CHANDRA MISHRA & ORS. {(2011) 2 SCC 705 = 2011 (1) SCALE 469; Civil Appeal No(s). 984 of 2006-Decided on 12-01-2011} has held as follows.

 

2. ¦¦¦¦.Rules 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. In Narsingh Das v. Mangal Dubey, ILR 5 All 163 (FB) (1882), Mr. Justice Mahmood, the celebrated Judge of the Allahabad High Court, observed :-

 

“Courts are not to act upon the principle that every procedure is to be taken as prohibited unless it is expressly provided for by the Code, but on the converse principle that every procedure is to be understood as permissible till it is shown to be prohibited by the law. As a matter of general principle prohibition cannot be presumed.”

 

The above view was followed by a Full Bench of the Allahabad High Court in Raj Narain Saxena Vs. Bhim Sen &others, AIR 1966 Allahabad 84 FB, and we agree with this view.

 

3. Accordingly, we are of the opinion that the application praying for withdrawal of the withdrawal application was maintainable. (END)

 

Author:

Narendra Sharma, Consultant (Legal)

E-mail: nkdewas@yahoo.co.in

 

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About Narendra Sharma

Narendra Sharma | Consultant (Legal)

I am a B.Sc., MA, LL.B, from Jiwaji University, Gwalior and CS (Intermediate) from Institute of Company Secretaries of India, New Delhi. Was in service past 20 years initially as Deputy Company Secretary in 1989 and retired as GM (Legal) in 2009. I am holding membership of Indian Council of Arbitration, New Delhi. Bagged the ‘Best Opinion Provider’ award for 2005 from the website www.advocatelive.com and listed as Panel Arbitrator thereon. Possess expert knowledge of law in Arbitration Proceedings. Got published many Articles on Company law and Arbitration in various renowned legal magazines such as Chartered Secretary, Corporate Law Adviser, Arbitration Law Reporter and Chartered Accountant Practice Journal. My elder son is a Judicial Magistrate, presently posted at Shajapur (MP).

Now, I am (aged 60) working from home as a part time Consultant with a Solicitor Firm viz. DRT Legal Solutions, Indore (MP) and drafting Counter Claims under the Law of Torts against Banks/Financial Institutions on behalf of sick companies facing recovery actions under DRT Act, 1993 and/or Securitisation Act, 2002. I am enough experienced and competent to be appointed as an Independent Director or an ARBITRATOR. I am looking for Part-time specific legal assignments, especially if they can be handled via e-mailing and/or traveling outstations, when necessary, for consultations/meetings for attending specific complicated legal problems and finding their solutions, as and when required.

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