Code of Civil Procedure, 1908–Order 23, Rule 1(4) & Order 7, Rule 11–Rejection of plaint by Revisional Court–Justification–Applicability of provisions of Order 23, Rule 1(4)–Case of the plaintiff that the earlier suit was dismissed as withdrawn after the compromise between the parties, however, she was not allotted the share in the family property in pursuance of compromise–Therefore, she was constrained to file the second suit–There was a fresh cause of action for filing the suit–Nature of claims and relief was different–Held, the impugned order passed by the High Court is liable to be set aside–Suit deserves to be restored.
