1998 AIR SCW 3678 ::1999 ALL. L. J. 199 ::1998 ADSC 9 214 ::1999 (1) SCC 81 ::(1998) 8 JT 257 (SC)

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): S. Saghir Ahmad, K. T. Thomas , JJ

Constitution of India , Art.136, Art.226— Civil P.C. (5 of 1908) , O.23 R.1(3)— Withrawal of suit - Without seeking permission to file fresh suit - Ban for filing fresh suit under such circumstances - Is based on public policy - Said rule of public policy is applicable to writ petitions under Art. 226 and Special Leave Petitions under Art. 136 also. The ban under O. 23, R. 1(3) of Civil P.C. to file a fresh suit in case of withdrawal of suit without seeking permission to file a fresh suit is based on Rule of public policy. This Rule of public policy is applicable to writ petitions filed under Art. 226 and Special Leave Petitions filed under Art. 136 of the Constitution of India. Therefore when the party had withdrawn the SLP filed to challenge order of High Court in Writ Petition without seeking permission to file fresh SLP, he cannot file another SLP challenging the same order again.(Para 11 12 13 15) .....