https://www.taxtmi.com/caselaws?id=287235 A fresh suit for dissolution and accounting was held barred where the earlier suit on the same subject matter had been withdrawn without leave to file a new suit. Order XXIII, Rule 1 CPC permits withdrawal, but absent permission under sub-rule (3), sub-rule (4)(b) prohibits re-agitation of the same cause of action in a later suit. The plea that accounting between partners was a recurring cause of action was rejected, as the underlying right to account does not survive withdrawal without liberty. The maintainability challenge was accepted, and the subsequent suit failed. en-us Fri, 10 Jan 1997 00:00:00 +0530 Sat, 04 Apr 2020 12:05:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287235 A fresh suit for dissolution and accounting was held barred where the earlier suit on the same subject matter had been withdrawn without leave to file a new suit. Order XXIII, Rule 1 CPC permits withdrawal, but absent permission under sub-rule (3), sub-rule (4)(b) prohibits re-agitation of the same cause of action in a later suit. The plea that accounting between partners was a recurring cause of action was rejected, as the underlying right to account does not survive withdrawal without liberty. The maintainability challenge was accepted, and the subsequent suit failed. Case-Laws Indian Laws Fri, 10 Jan 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287235