PANNA LAL Vs. CHAIRMAN/SECRETARY

JUDGEMENT

(1.) PANNA Lal filed suit in April, 1997 for declaration with consequential relief of permanent injunction thereby challenging the order dated 11.4.96 whereby the period during which he remained under suspension was ordered to be treated as leave of the kind due and he was punishable with stoppage of two annual increments with cumulative effect. He withdrew that suit on 23.10.97. In consequence for the withdrawal of that suit, the following order was passed by Additional Civil Judge (Senior Division), Bahadurgarh :

(2.) IT is stated by the learned counsel of the plaintiff that he does not want to proceed with the present suit and withdraws the same. Keeping in view the statement of the learned counsel for the plaintiff the present suit is dismissed as withdrawn. File be consigned to record room after due compliance."

(3.) THE relief sought for in this petition is the one which petitioner had earlier sought by filing civil suit for declaration and also for permanent injunction restraining the respondents from taking action on the basis of order passed against him. Petitioner later withdraw the civil suit, but while withdrawing the suit, no permission was sought by him to file a fresh suit on the same cause of action. Since no prevision was sought, second suit is barred under Order 23, Rule 4 of the Code of Civil Procedure. If the suit is barred, then the writ petition on the same cause of action is also not maintainable. Consequently, we have no option but to dismiss the writ petition. It is so ordered."