Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2011 (1) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (1) TMI 175 - SC - Indian LawsWithdrawal of suit – change of mind – appellant filed Suit No. 1301 of 1997 before the Court of Civil Judge - He filed an application to withdraw the suit – Subsequently, he changed his mind and before an order could be passed in the withdrawal application he filed an application praying for withdrawal of the earlier withdrawal application – Held that: - 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 application praying for withdrawal of the withdrawal application was maintainable
|