The provision of Order XXIII Rule 1 CPC clearly mentions that the plaintiff at any stage, can withdraw the suit.

 2023 MLD 541

The provision of Order XXIII Rule 1 CPC clearly mentions that the plaintiff at any stage, can withdraw the suit. The suit can be withdrawn by the plaintiff conditionally or even unconditionally. But in case, if the petitioner wants to withdraw the suit conditionally on the basis of some reason for filing the fresh suit. Then the petitioner/plaintiff is bound to mention that defect in the earlier suit which he was going to withdraw otherwise simple withdrawal can be allowed by the Court at any stage. The spirit of section 151 CPC is altogether different. No doubt the Court has the inherent powers to make such order as may be necessary for the ends of justice or to prevent the abuse of process of the Court. But for that the Court will have to mention the reasons for invoking the said provision of law. The Court can only exercise the inherent powers in case when there is no prohibition in law regarding its jurisdiction to exercise the inherent powers. Secondly, when there is express provision in Code, Court cannot exercise that authority to defeat or circumvent such express provision. Thirdly, expression “Court” in section 151 CPC means each Civil Court in which the lis is pending. Inherit jurisdiction of Court can be invoked when there is no other specific provision to deal with the issue. In this proposition, the provision of Order XXIII Rule 1 CPC is there which is applicable to the present proposition. The statement of the counsel and petitioner No.2 is there. Where petitioner No.2 signed over the statement, he made before the Court, so there is nothing to consider that there could be any mistake in the statement regarding its understanding. The Court pen down the statement which was signed by petitioner No.2, his counsel also signed the same in token of correctness of the statement, the petitioner No.2 made before the Court. So, maximum application of provision of Order XXIII Rule 1 & 2 CPC was applicable to the proposition. The application of section 151 CPC was alien to the said proposition. The learned Courts below has correctly decided the proposition.