TMI Blog2011 (1) TMI 175X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before an order could be passed in the withdrawal application he filed an application praying for withdrawal of the earlier withdrawal application. The second application had been dismissed and that order was upheld by the High Court. Hence, this appeal by special leave. The High Court was of the view that once the application for withdrawal of the suit is filed the suit stands dismissed as wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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