JUDGMENT

1. This is an appeal by the Defendants in a suit instituted by their landlords for the correction of an entry made in a record-of-rights regarding their status. The record-of-rights was finally published on the 29th May 1914. On the 27th August 1914, the landlords instituted a suit u/s 108 for the correction of the entry. On the 9th March 1915 they were permitted to withdraw the suit u/s 106 with liberty reserved to them to institute a fresh suit if not barred. They did not institute a fresh suit u/s 106; on the other hand on the 27th March 1915 they instituted the present suit in the Court of the Subordinate Judge for precisely the same relief as that claimed by them in the suit u/s 106. We have compared the claim as set out in the present plaint with that in the suit u/s 106, and we have found that they are expressed in identical language. The prayer is for correction of an entry in the record-of-rights regarding the status of the Defendants. In these circumstances the question arises whether the suit is or is not barred under the provisions of Section 109.

2. Section 109 provides that subject to the provisions of Section 109A, Civil Court shall not entertain any applicati