Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O. XXIII, R. 1 (3), O.II, R.2 & O. VII, R. 11---Suit for declaration---Withdrawal of earlier suit---Subsequent suit---Plaint, rejection of---Compromise between the parties---Effect---Agreement was effected between the parties in the earlier suit, which was withdrawn on the basis thereof---Plaintiffs instituted subsequent suit but plaint was rejected under O.VII, R.11, C.P.C.---Contention of plaintiffs was that subsequent suit was filed on the basis of fresh cause of action in view of agreement between the parties---Validity---Plaintiff had prerogative to insist, waive, or surrender his claim (s) or part thereof even at the time of filing of suit---Such prerogative of plaintiff remained alive even during pendency of the lis---Consequence of abandoning a claim or part thereof while filing a suit would result in bringing an end to such abandoned claim in any subsequent suit---Once plaintiff chose to exercise his such prerogative then without permission of the Court he would be precluded from bringing a fresh suit against same defendant with regard to same subject-matter---Bringing same claim with regard to same subject matter against same defendants in different manner would not be sufficient to avoid the consequence of a waiver i.e. unconditional withdrawal of suit or part thereof---Plaintiff withdrew his earlier suit without permission to file fresh one therefore he had to face the consequence of his act---Withdrawal of suit would not preclude the plaintiff from entering into a fresh transaction with defendant with regard to same subject matter which should be dealt with according to remedies provided by law itself---Plaintiff deliberately abandoned his claim set in the earlier suit and confined his claim(s) so agreed in the compromise/faisla---Plaintiff was not competent to bring fresh suit with regard to said subject matter or claim---Findings recorded by the Courts below were proper with regard to application of O.XXIII, R.1(3), C.P.C.---Faisla/compromise, if any, was between the parties of earlier suit and remedy if any was against the defendant and not against anybody…

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