https://www.taxtmi.com/caselaws?id=196484 An order recording withdrawal of a suit without liberty to file a fresh suit bars only a new suit on the same subject matter under Order XXIII Rule 1(4) CPC; it does not adjudicate rights, determine the controversy, or amount to a decree under Section 2(2) CPC. Because there was no decision on the merits, the withdrawal order also does not operate as res judicata in later proceedings. The provisions of Order IX Rule 9 and Order XXII Rule 10 CPC do not expand the effect of such withdrawal. Accordingly, defendants remained entitled to contest the validity of the conveyance in the subsequent suit. en-us Mon, 16 Apr 2007 00:00:00 +0530 Sat, 02 Dec 2017 12:52:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196484 An order recording withdrawal of a suit without liberty to file a fresh suit bars only a new suit on the same subject matter under Order XXIII Rule 1(4) CPC; it does not adjudicate rights, determine the controversy, or amount to a decree under Section 2(2) CPC. Because there was no decision on the merits, the withdrawal order also does not operate as res judicata in later proceedings. The provisions of Order IX Rule 9 and Order XXII Rule 10 CPC do not expand the effect of such withdrawal. Accordingly, defendants remained entitled to contest the validity of the conveyance in the subsequent suit. Case-Laws Indian Laws Mon, 16 Apr 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196484