https://www.taxtmi.com/caselaws?id=294490 The condition imposed on withdrawal of an earlier suit under Order XXIII Rule 1 CPC applies only when the later proceeding concerns the same subject-matter. "Subject-matter" means the bundle of facts constituting the cause of action and the relief claimed, not merely the property involved. Here, the earlier suit was for declaration of adoption, partition and separate possession, while the later suit sought recovery of possession from a trespasser on the basis of title. Although adoption arose in both matters, it was only incidental and did not make the suits identical in subject-matter. The later suit was therefore not barred, and the objection to maintainability failed. en-us Thu, 02 Apr 1970 00:00:00 +0530 Sat, 17 Apr 2021 11:38:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=294490 The condition imposed on withdrawal of an earlier suit under Order XXIII Rule 1 CPC applies only when the later proceeding concerns the same subject-matter. "Subject-matter" means the bundle of facts constituting the cause of action and the relief claimed, not merely the property involved. Here, the earlier suit was for declaration of adoption, partition and separate possession, while the later suit sought recovery of possession from a trespasser on the basis of title. Although adoption arose in both matters, it was only incidental and did not make the suits identical in subject-matter. The later suit was therefore not barred, and the objection to maintainability failed. Case-Laws Indian Laws Thu, 02 Apr 1970 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=294490