Fresh temporary injunction application barred after prior withdrawal without leave, where no change in circumstances was shown.

A fresh application for temporary injunction on the same cause of action was barred where the earlier application had been contested and then withdrawn as not pressed without leave to refile. Order 23 Rule 1(4) CPC prevents a party from instituting a fresh proceeding on the same subject-matter after withdrawal without permission, and by Section 141 CPC that procedural bar extends to civil proceedings other than suits, including injunction applications. In the absence of any change in circumstances, the later application on the same grounds was not maintainable.

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Issues: Whether a fresh application for temporary injunction was maintainable after an earlier injunction application on the same cause of action had been dismissed as not pressed.

Analysis: The earlier injunction application had been filed, contested, and then withdrawn without any leave to file afresh. The procedural bar in Order 23, Rule 1(4) of the Code of Civil Procedure, 1908 prevents a plaintiff from instituting a fresh proceeding on the same subject-matter after withdrawal without permission. By virtue of Section 141 of the Code of Civil Procedure, 1908, the same procedural principle applies to civil proceedings other than suits, including applications for temporary injunction. In the absence of any change of circumstances, the subsequent injunction application on the same grounds was barred.

Conclusion: The fresh injunction application was not maintainable and the appeal failed.

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