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Ravi rao (Private )     07 November 2025

Order 23 rule 1 4

The landlord sold a property to me, but fraudulently concealed the original property and showed me a different property during registration. When the landlord tried to interfere with the possession of the property described in the sale deed (which I initially believed was the correct, vacant property), I filed a suit for injunction. Later, I came to know the true location of the property based on a survey report, and subsequently filed a new suit for recovery of possession. I did not press the previous injunction suit. In the cause of action for the new suit, we mentioned that the previous suit for injunction was filed when the defendant tried to interfere with the sale deed property, and that we did not press it. After knowing the true location, we filed the new suit based on the survey report for recovery of possession. Here 2 different property shown and another true property but same sale deed

My question

1what is meaning of " subject matter " in order 23 rule 1 (4)

2 Will I be affected by the previous 'not pressed' suit under Order 23 Rule 1(4) CPC since 2 different property but same sale deed and different causèof actions  and different relief



 4 Replies

Dr. J C Vashista (Advocate )     08 November 2025

 

Order XXIII of the Code of Civil Procedure, 1908 (CPC) states the rules for the withdrawal and adjustment of the suit. 

  • Rule 1: Withdrawal of Suit or Abandonment of Part of Claim 
    • Plaintiff may abandon his suit or any part of the suit against the defendant. 
    • In case of minor the leave of the court is required for abandonment of suit or any of it. 
    • A part of an application for the leave of the court shall be accompanied by an affidavit of the next friend. 

T. Kalaiselvan, Advocate (Advocate)     08 November 2025

The initial suit was filed for the relief of permanent injunction and the subsequent suit was fied for the relief of recovery of possession.

Therefore both are different suits, you can decide about continuing or withdrawing the previous suit. 

P. Venu (Advocate)     10 November 2025

You have posted many a query of identical nature. Do they pertain to the same subject matter?

Ravi rao (Private )     11 November 2025

hi sir i asked simple question what is the meaning of subject mater in orde 23 rule 1 (4) and no one is able to answerrrr


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