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Issues: Whether the second writ petition was maintainable after withdrawal of an earlier writ petition on the same cause of action without leave to file a fresh petition.
Analysis: The earlier writ petition had been withdrawn without permission to institute a fresh proceeding on the same cause of action. The judgment distinguished the doctrines underlying res judicata under Section 11 of the Code of Civil Procedure, 1908 and the bar flowing from withdrawal of proceedings without liberty under Order 23, Rule 1(3) of the Code of Civil Procedure, 1908. Following the principle applied in the cited authority, a second writ petition on the same cause of action could not be entertained.
Conclusion: The second writ petition was not maintainable and was liable to be dismissed.
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