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Application under Section 115 of the Code of Civil Procedure for withdrawal of the suit dismissed by Assistant District Judge - Jurisdiction of the Court to allow withdrawal of the application for withdrawal of the suit in exercise of inherent power. Analysis: The plaintiff filed an application under Section 115 of the Code of Civil Procedure seeking to withdraw the suit after the Assistant District Judge dismissed the application for withdrawal of the suit. The plaintiff's case revolved around a construction project where additional work was directed by the State Government beyond the original tender, leading to a dispute over payment. The plaintiff sought to withdraw the suit due to a mistaken understanding of the consequences. The Assistant District Judge dismissed the suit for non-prosecution, prompting the plaintiff to file an application under Section 151 to withdraw the application for withdrawal of the suit. The main issue was whether the Court had jurisdiction to allow such withdrawal under inherent power. The Court analyzed previous judgments to determine the scope of Section 151 and the Court's inherent power. Reference was made to decisions from various High Courts and the Supreme Court, emphasizing that the inherent power of the Court is crucial for ensuring justice between parties. The Court highlighted that Section 151 provides a wide scope for the Court to act where no specific provision exists in the Code of Civil Procedure. It was noted that the Court must prevent injustice and abuse of process, even if it means allowing withdrawal of an application for withdrawal of the suit in suitable cases. The Court differentiated various precedents to establish that the circumstances of the present case warranted the exercise of inherent power to set aside the dismissal of the suit and allow withdrawal of the application for withdrawal of the suit. The plaintiff's genuine mistake and the absence of undue prejudice to other parties were significant factors in the Court's decision. The Court ultimately set aside the Assistant District Judge's order and allowed the plaintiff's application for withdrawal of the suit, directing expeditious disposal of the suit. In conclusion, the Court held that the jurisdiction to allow withdrawal of an application for withdrawal of a suit exists under Section 151 of the Code of Civil Procedure, emphasizing the importance of inherent power in ensuring justice and preventing injustice. The revisional application was allowed, and no costs were awarded, with instructions for expeditious disposal of the suit by the lower court.
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