( 1 ) A short but an interesting question of procedural law falls for determination in this appeal. The said question is as to whether the plaintiff can be permitted with immunity to file more than one suit on the same cause of action against the same defendant and if he has filed such a suit what is the legal fate of such subsequent suit.

( 2 ) THE question which is posed for determination in the present proceedings arises out of the following conspectus of facts.

( 3 ) THE appellant plaintiff is the owner of immovable properties bearing survery 480/20/3/1 480 and 480/20/3/3 situated in the Town Planning Scheme No. XI (Bapunagar) in this city. On this land which comprises of three sub-divisions of survey No. 480/20/3 there are rows of rooms or Chawls of the plaintiff. According to the plaintiff she is also jointly with the defendant the coowner of the property bearing survery No. 480 which admeasures two Gunthas (1 Guntha as per the Record of Rights) and that land bearing survey No. 480/20/5 is the passage land. It is the case of the plaintiff that on the north of her property namely survey No. 480/20/3/1 480 and 480/20/3/3 there is situated a Chawl of the defend