O. XXIII, Rr. 1 & 2—Fresh suit after withdrawal of earlier one—Fresh cause of action

2019 M L D 69

-Fresh cause of action—Effect—Contention of plaintiff was that he purchased suit land from the defendants against sale consideration—Trial Court decreed the suit but Appellate Court dismissed the same—Validity—Plaintiff produced five witnesses and also recorded his own statement but no marginal witness of sale consideration was got examined—Land measuring 3000 square feet was transferred in the name of plaintiff through mutation—Defendant who was owner of land measuring 3000 square feet had admitted said sale and mutation in the name of plaintiff—Plaintiff after withdrawal of earlier suit had filed the present suit—Both the parties remained satisfied after withdrawal of earlier suit and did not raise any hurdle to each other—Defendant again started interference in the suit land while interrupting the plaintiff for construction of land in question—Fresh cause of action was accrued to the plaintiff—Bar of limitation would not come in the way of plaintiff for filing a fresh suit

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