Bar on fresh suit after withdrawal without liberty applies where the later case repeats the same cause of action.

A fresh suit was held barred under Order XXIII Rule 1(4) CPC because the earlier suit had been withdrawn without liberty to institute a new proceeding. The court found that both suits concerned the same entitlement to manage trust properties and sought substantially the same injunction relief. Additional averments and the impleadment of new parties did not alter the core cause of action or subject-matter. As the later suit rested on the same cause of action despite attempts to distinguish it, the bar against a fresh suit applied and the issue was decided for the petitioner.

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Issues: Whether the fresh suit was barred by Order XXIII Rule 1 of the Code of Civil Procedure, 1908 on account of withdrawal of the earlier suit without liberty to institute a fresh suit.

Analysis: The pleadings in both suits showed that the plaintiff asserted the same entitlement to manage the trust properties and sought substantially the same injunction relief. The additional averments and impleadment of new parties were held to be of no consequence because they did not alter the core cause of action or the subject-matter of the dispute. Order XXIII Rule 1(4) bars a fresh suit on the same subject-matter where the earlier suit was withdrawn without permission under Rule 1(3). The earlier withdrawal was without liberty, and the later suit was found to rest on the same cause of action despite attempts to distinguish it.

Conclusion: The fresh suit was barred by Order XXIII Rule 1(4) and the issue was decided in favour of the petitioner.

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