Civil Procedure Code, 1908

— Or. 23 R. 1 — Withdrawal of suit — Order in respect of — Recall of — Application for, made by plaintiff on ground that said withdrawal was without her knowledge and was based on her forged signatures — Dismissal of, by High Court — Propriety of — Unusual circumstances — Advocate of opposite party assumed charge of proceedings on behalf of plaintiff — Doubt as to whether plaintiff really instructed her advocate-on-record to give a change in favour of advocate of opposite party — Withdrawal of suit on a day when the same was not even listed for the said purpose — Held, the developments leading to withdrawal of suit not properly dealt with by High Court — Hence, High Court's order not sustainable — Recall application to be reheard and decided after taking into account the aforesaid circumstances, (2006) 7 SCC 382-A

Corporate Laws

Company Law

— Private limited company — Decision taken in meeting without giving notice of meeting to every Director — Validity of — Removal of B and his wife from Directorship of Company and allotment of balance equity shares in favour of two other Directors without giving notice of meeting to B — Said action set aside by High Court due to non-compliance with S. 286 of the Companies Act, 1956 — Challenge to, not seriously argued by appellant — Hence held, no reason to take view different from the one taken by High Court — Appeal dismissed, (2006) 7 SCC 382-B