VALLABH DAS versus DR. MADAN LAL & ORS.

VALLABH DAS versus DR. MADAN LAL & ORS.

The non-fulfilment of the condition precedent, namely, payment of defendants' costs before instituting the subsequent suit, did not bar the maintainability of the present suit, as the subject-matter and the cause of action in the two suits were not the same.

Parties
Appellant: Vallabh Das; Respondent No. 1: Dr. Madan Lal; Parvatibai
Jurisdiction
India
Judgment Date
02 April 1970
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment
Outcome
appeal dismissed
Legal Topics
Withdrawal of Suit, Subject Matter Under Order 23 Rule 1, Adoption, Partition, Possession
Civil Procedure Withdrawal of Suit Subject Matter Under Order 23 Rule 1 Adoption Partition Possession

Case Brief

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Parties

Vallabh Das

Appellant

Dr. Madan Lal

Respondent No. 1

Parvatibai

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether non-fulfilment of the condition precedent (payment of defendants' costs before filing fresh suit) imposed under Order 23 Rule 1 CPC in the first suit bars the maintainability of the present suit.
  2. 2 Meaning and scope of 'subject-matter' under Order 23 Rule 1 CPC.

Ratio Decidendi

The non-fulfilment of the condition precedent, namely, payment of defendants' costs before instituting the subsequent suit, did not bar the maintainability of the present suit, as the subject-matter and the cause of action in the two suits were not the same.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.