VALLABH DAS vs DR. MADAN LAL & ORS.

The Supreme Court held that under Order 23, Rule 1 of the Code of Civil Procedure, a plaintiff may withdraw a suit with permission to file a fresh suit on the same subject-matter, but the term 'subject-matter' refers to the rights and causes of action, not merely the property. The Court clarified that the second suit was maintainable despite the non-fulfillment of the condition imposed in the first suit, as the subject-matter was not the same; the first suit sought partition while the second sought possession from a trespasser. Thus, the appeal was allowed in favor of the appellant.