1917 (11) TMI 4

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.... for trial to the first Court on the ground that the provisions of Order XXIII, Rule 1, are no bar to the prosecution of the suit. The material facts are that a suit was brought by the plaintiff, for the ejectment of persons who claimed to be Mirasdars or permanent tenants on the allegation that they were not Mirasdars, and that he was entitled to determine the tenancy. Finding, however, that ther....

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....ransactions is complete because the notice to quit has been given, and therefore, the two suits are not in respect of the same subject-matter. 2. The same result arises if " subject-matter" is to be taken to be " the cause of action " in the sense in which it is usually understood, namely, the bundle of facts which have to be proved in order to entitle the plaintiff to relief. In that sense the....