1930 (2) TMI 16

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....t 2 for a permanent injunction restraining, him from interfering with the) plaintiff's rights. 2. After issues were framed the plaintiffs applied to amend their plaint sot as to make the Secretary of State a party. This was refused and a date was fixed for hearing. Before that date the plaintiffs appeared on 20th June 1920, before the Court and stated that; they did not desire to proceed with....

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....ory reply. Further, defendant 2 had placed stones on that part of the land which was sold to him by the Secretary of State and had refused to remove them. Accordingly, the plaintiffs prayed for possession of the whole plot, cancellation of the sale, and an injunction. This second suit was instituted before a Subordinate Judge, 2nd Class, and the first suit was in the Munsiif's Court. 4. The d....

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....e 1 refers to permission to withdraw a suit with liberty to institute a fresh suit after the first one has been withdrawn. It appears to me that the section cannot be read so as to bar a suit which has already been instituted before the other suit had been abandoned or dismissed. The learned District Judge has said that no authority has been quoted on this point, but he felt certain that the legis....