Whether the subsequent suit instituted during the pendency of the earlier suit was hit by the bar contained in Order XXIII Rule 1(3) CPC.?

 2023 CLC 1368

The words in which Order XXIII Rule 1(3) CPC are couched, it does not preclude a plaintiff from filing multiple suits on the same subject matter as it merely places an embargo on a plaintiff to file a suit on the subject matter, which he has already withdrawn/abandoned without seeking permission of the court to re-agitate the same.

If during the pendency of a suit, without withdrawing the same, on the same subject matter, a subsequent suit is filed, , the subsequent suit will be maintainable and by no means will hit by the bar contained in Order XXIII Rule 1 CPC.

If a suit is not decided on merits the same would not constitute or operate as Res judicata.