JUDGEMENT :- This appeal arises out of the judgement and decree dated 17-8-1979 passed, by Shri N.C. Barna, Assistant District Judge, Barpeta in Title Suit No.4 of 1974 dismissing the plaintiffs suit on the grounds, (a) that in respect of the same causes of action the plaintiff had instituted Title Suit No.7 of 1973 but he withdrew from the suit under O.23 of the Civil P.C. for short the Code, without obtaining liberty to institute a fresh suit in respect of the subject matter of the suit; (b) the plaintiff did not make any averment in his plaint that he had withdrawn the suit with the permission of the Court with liberty to institute a subsequent suit and, (c) the plaintiff did not pay the cost of Rs. 50/- awarded by the Court while permitting the plaintiff to withdraw from Title Suit No.7 of 1973, a condition precedent for institution of the subsequent suit .

2. Order 6 deals with "pleadings" generally. The term "pleadings" means formal allegations by the parties of their respective claims and defences, for the judgement of the Court. The term "pleadings" has a technique and well defined meaning. Pleadinigs are written allegations of what is affirmed on the one side or d