1917 (11) TMI 4

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..... ule 1, are no bar to the prosecution of the suit. The material facts are that a suit was brought by the plaintiff, for the ejectment of persons who claimed to be Mirasdars or permanent tenants on the allegation that they were not Mirasdars, and that he was entitled to determine the tenancy. Finding, however, that there was no sufficient notice to quit, he withdrew the suit without obtaining the le .....

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..... the two suits are not in respect of the same subject-matter. 2. The same result arises if subject-matter is to be taken to be the cause of action in the sense in which it is usually understood, namely, the bundle of facts which have to be proved in order to entitle the plaintiff to relief. In that sense the word subject-matter was understood by the Madras High Court in Achuta Menon v. .....

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