GANGAMMA Vs. THOLASAMMA

JUDGEMENT

(1.) This appeal is arising from the decree dtd. 9/6/2022 in O.S. No.264/2022 on the file of II Additional Senior Civil Judge, Bangalore Rural District, Bangalore pursuant to the order on I.A.No.II rejecting the plaint invoking Order VII Rule 11 (a) and (d) read with Order XXIII Rule 1(a) of Code of Civil Procedure (for short 'Code').

(2.) The plaintiffs/appellants filed the aforementioned suit claiming partition and separate possession. The prayer reads as under:-

(3.) The defendants filed I.A.No.II under Order VII Rule 11 (a) and (d) read with Order XXIII Rule 1(a) of the Code contending that there is no cause of action to suit, the suit is barred by limitation and barred under Order XXIII Rule 1(4)(b) of the Code as the plaintiffs have withdrawn the earlier suit for the same relief in respect of the same subject matter, in O.S. No.2973/2006 without seeking liberty to file a fresh suit. The said suit is withdrawn in terms of the memo dtd. 21/11/2007.