https://www.taxtmi.com/caselaws?id=285591 Order 23 Rule 1 CPC applies only where a fresh suit is instituted after withdrawal or abandonment of the earlier suit. It does not bar a suit already filed before the earlier suit comes to an end, and the rule cannot be expanded by adding words to its plain language. On that basis, the second appeal could not be dismissed solely on this ground. The court allowed the appeal and remanded the matter for decision on the remaining issues and on the merits. en-us Tue, 04 Feb 1930 00:00:00 +0530 Sat, 18 Jan 2020 10:24:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285591 Order 23 Rule 1 CPC applies only where a fresh suit is instituted after withdrawal or abandonment of the earlier suit. It does not bar a suit already filed before the earlier suit comes to an end, and the rule cannot be expanded by adding words to its plain language. On that basis, the second appeal could not be dismissed solely on this ground. The court allowed the appeal and remanded the matter for decision on the remaining issues and on the merits. Case-Laws Indian Laws Tue, 04 Feb 1930 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285591