In Brief
The University of Agricultural Sciences challenged a decree for permanent injunction and declaration of title granted to Saroj Gupta. Gupta had earlier filed a suit on the same land and withdrawn it without court permission in 2001. He then filed a fresh suit in 2002 with identical subject matter but added a declaration prayer. The Supreme Court held that without express court permission under Order 23, Rule 1(3) CPC, Rule 1(4) absolutely bars fresh suits on the same subject matter. Adding a declaration prayer does not cure the procedural defect. The appeal was allowed and the suit dismissed.
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