AIR 1925 BOMBAY 272(1)

Bombay High Court

Hon'ble Judge(s): Macleod , C.J. AND Crump , J

Civil P.C. (5 of 1908) , O.23 R.1— Second suit dismissed for non-compliance with condition on which permission granted-Third suit is barred. The plaintiff was allowed to withdraw his suit with permission to bring a fresh suit on condition that he paid the defendant's costs. The plaintiff filed the second suit but instead of paying the defendant's costs before filing the second suit he paid the same, afterwards. Held, that on dismissal of the second suit on the ground of his not having complied with the condition on which the permission to bring it had been granted, the plaintiff was nut entitled to bring a third suit.