Code of Civil Procedure, 1908–Order 23, Rule (4)–Bar of suit in view of the provisions of Order 23, Rule 1(4)–Plea of appellant that neither the objection was taken in written statement nor any such issue was framed–A perusal of contents of written statement shows that a specific objection was taken therein as to maintainability of the suit–Non-framing of an issue in this regard will not come to the rescue of appellant-plaintiff in view of the admitted facts that the precedessor in interest of the plaintiffs had filed a suit seeking same decree of permanent injunction qua the same subject matter against the same defendants which came to be dismissed as withdrawn without seeking and extending any permission to institute a fresh suit.
