https://www.taxtmi.com/caselaws?id=310205 A fresh suit was held barred under Order XXIII Rule 1(4) CPC because the earlier suit had been withdrawn without liberty to institute a new proceeding. The court found that both suits concerned the same entitlement to manage trust properties and sought substantially the same injunction relief. Additional averments and the impleadment of new parties did not alter the core cause of action or subject-matter. As the later suit rested on the same cause of action despite attempts to distinguish it, the bar against a fresh suit applied and the issue was decided for the petitioner. en-us Mon, 31 Jul 1989 00:00:00 +0530 Wed, 11 Oct 2023 18:17:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310205 A fresh suit was held barred under Order XXIII Rule 1(4) CPC because the earlier suit had been withdrawn without liberty to institute a new proceeding. The court found that both suits concerned the same entitlement to manage trust properties and sought substantially the same injunction relief. Additional averments and the impleadment of new parties did not alter the core cause of action or subject-matter. As the later suit rested on the same cause of action despite attempts to distinguish it, the bar against a fresh suit applied and the issue was decided for the petitioner. Case-Laws Indian Laws Mon, 31 Jul 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310205