Code of Civil Procedure, 1908–Order 23, Rule 3–Bar of subsequent suit–Applicability–There was a formal defect in the filing of the first suit in as much as the plaintiff had not filed the suit as a scheme suit u/s. 92 of CPC–Property in question dealt with the trust property–Therefore, the scheme suit u/s. 92 had to be filed and the remedies available u/s. 92 ought to have been sought by the plaintiff–In view of the formal defect, he was permitted to withdraw the earlier suit–A fresh suit was filed under the specific provisions of Sec. 92–Though the subject matter was the same but the nature of the claims or reliefs were different in both suits–Held, the second suit filed by the plaintiff is held to be maintainable.
