Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), O.II, R.2, O. VII, R.11 & O.XXIII, R.1(3)---Suit for declaration---Plaintiff filed suit for perpetual injunction, which was withdrawn unconditionally after filing of written statement by the defendants---Plaintiff subsequently filed another suit for declaration with consequential relief for the grant of injunction with regard to the same disputed property on the ground that the plaintiff was in occupation of the disputed property because of private partition between the co-sharers and that contention of the defendants that they were co-sharers in the disputed property was self-­concocted---Defendants contested suit---Trial Court rejected plaint of the suit---Appellate Court on appeal dismissed the same on the ground that it was incumbent upon the plaintiff that instead of withdrawal of his suit for permanent injunction he should file an application for amendment of the plaint converting his suit for permanent injunction into a suit for declaration along with consequential relief of injunction rather than withdrawal of that without any request to re file the same---Validity---Cause of action for filing a suit for declaration accrued the day the written statement was filed, much later than the date of cause of action having been accrued for the suit of injunction only, which was later on withdrawn---For filing of a suit for declaration along with injunction or that as a consequential relief, the cause of action meant for previously filed suit, which was later on withdrawn, was not the one for the purposes of the second suit filed by the plaintiff---Both suits being in nature of independent of each other as having different dates of the causes of action were to be dealt with accordingly as independent of each other for all respects---Date of filing the subsequent suit, within less than two years of withdrawal of the first suit, made the filing of the suit for declaration within limitation---Nature of the two suits being separately distinguishable allowed the aggrieved party to file suit as and when he desired provided the date of cause of action for the same had fallen…

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