1916 (2) TMI 2

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....ought in respect of the same subject-matter as the first suit within the meaning of Order 23, Rule 1(3) of the Civil Procedure Code. The terms "subject matter" and "the same matter" which occurred in the corresponding Section 373 of the old Code have not been defined, and must, we think, be construed strictly in a penal provision of this character. Without attempting an exhaust....