Same subject-matter test under Order XXIII Rule 1 CPC barred no later suit where title-based possession claim differed from earlier partition suit.

The condition imposed on withdrawal of an earlier suit under Order XXIII Rule 1 CPC applies only when the later proceeding concerns the same subject-matter. "Subject-matter" means the bundle of facts constituting the cause of action and the relief claimed, not merely the property involved. Here, the earlier suit was for declaration of adoption, partition and separate possession, while the later suit sought recovery of possession from a trespasser on the basis of title. Although adoption arose in both matters, it was only incidental and did not make the suits identical in subject-matter. The later suit was therefore not barred, and the objection to maintainability failed.

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Issues: Whether the second suit was barred for non-compliance with the condition imposed at the time of withdrawal of the earlier suit under Order XXIII Rule 1 of the Code of Civil Procedure, 1908.

Analysis: The condition attached to withdrawal of the earlier suit applied only if the later proceeding was in respect of the same subject-matter. The expression "subject-matter" was held to mean the bundle of facts constituting the cause of action and the relief claimed, not merely the property involved. The earlier suit sought a declaration of adoption and partition and separate possession, whereas the later suit sought recovery of possession from a trespasser on the basis of title. Though the question of adoption arose in both suits, that issue was only incidental and did not make the two suits identical in subject-matter.

Conclusion: The later suit was not hit by the earlier condition, and the objection to maintainability failed.

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