Code of Civil Procedure, 1908–Order 23, Rule 1(4)–Scope–A suit on a different cause of action is not barred even if the suit may be in respect of the same property or subject matter–When the cause of action and the relief claimed in the second suit are not the same as the cause of action and the relief claimed in the first suit, the second suit cannot be considered to have been brought in respect of the same subject matter–Moreover, a mere identity of some of the issues in the two suits does not bring about the identity of the subject matter.
