JUDGMENT

Henry Richards, C.J. - This is an application in revision and arises under the following circumstances. The plaintiff instituted a suit in the Court of the Munsif. After the evidence had concluded and either during or after the arguments, the plaintiff applied for leave to withdraw with liberty to bring a fresh suit. He based his application upon the fact that he had failed to give formal proof of a certain plaint which was apparently considered by the parties to be essential to the plaintiff's success. The Court granted leave to bring a fresh suit. The present application is made u/s 115 of the Code of Civil Procedure. That section provides that "the High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears.

(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise a jurisdiction so vested, or

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit."

2. It is argued on behalf of the applicant that the Munsif a