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.