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january 2011

Supreme Court of India · 2011-01-12

Rajendra Prasad Gupta vs Prakash Chandra Mishra & Ors

Citation / case number
AIR 2011 SUPREME COURT 1137
Court
Supreme Court of India
Petitioner
Rajendra Prasad Gupta
Respondent
Prakash Chandra Mishra & Ors
Bench
Gyan Sudha Misra, Markandey Katju

Judgment text excerpt

The Supreme Court held that an application for withdrawal of a withdrawal application is maintainable under Section 151 of the Code of Civil Procedure, emphasizing that procedural rules serve justice and should not be interpreted restrictively. The Court disagreed with the High Court's view that the suit stands dismissed upon filing a withdrawal application without an order. The judgment of the High Court was set aside, allowing the appeal and directing the suit to proceed on merits.

Rajendra Prasad Gupta vs Prakash Chandra Mishra & Ors · Niyam