https://www.taxtmi.com/caselaws?id=274993 Section 43 of the Civil Procedure Code does not bar a later suit unless the omitted claim arose from the same cause of action as the earlier suit. Cause of action was treated as the bundle of facts entitling the plaintiff to relief against a particular defendant, not merely the same title to property. Because the earlier suit concerned a different parcel of land and a different defendant, and the present claim arose from a separate wrongful withholding, the bar did not apply. The appeal was maintainable and the lower appellate decree was set aside. en-us Fri, 21 Feb 1902 00:00:00 +0521 Thu, 13 Sep 2018 16:15:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=274993 Section 43 of the Civil Procedure Code does not bar a later suit unless the omitted claim arose from the same cause of action as the earlier suit. Cause of action was treated as the bundle of facts entitling the plaintiff to relief against a particular defendant, not merely the same title to property. Because the earlier suit concerned a different parcel of land and a different defendant, and the present claim arose from a separate wrongful withholding, the bar did not apply. The appeal was maintainable and the lower appellate decree was set aside. Case-Laws Indian Laws Fri, 21 Feb 1902 00:00:00 +0521 https://www.taxtmi.com/caselaws?id=274993