https://www.taxtmi.com/caselaws?id=299571 Unconditional withdrawal of a suit without leave to file afresh amounts to abandonment of the claim and prevents re-agitation of the same subject-matter in a later suit. Where the earlier decree has attained finality and the subsequent suit concerns the same foundational claim over title, possession and khatedari rights, the bar of res judicata applies. The court also treated the later suit as an impermissible splitting of claims under Order 2 Rule 2 because reliefs that ought to have been claimed earlier were omitted. The second suit was therefore not maintainable. en-us Wed, 12 Mar 2003 00:00:00 +0530 Tue, 21 Dec 2021 11:47:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299571 Unconditional withdrawal of a suit without leave to file afresh amounts to abandonment of the claim and prevents re-agitation of the same subject-matter in a later suit. Where the earlier decree has attained finality and the subsequent suit concerns the same foundational claim over title, possession and khatedari rights, the bar of res judicata applies. The court also treated the later suit as an impermissible splitting of claims under Order 2 Rule 2 because reliefs that ought to have been claimed earlier were omitted. The second suit was therefore not maintainable. Case-Laws Indian Laws Wed, 12 Mar 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299571