(1) Can a civil court grant leave to file a suit otherwise than under Order XXIII Rule 1(3) CPC?

(2) Is an observation made by a court in the judgment of dismissal that another suit on the same subject matter by the plaintiff will not be barred by res-judicata, valid?

2. Challenging the judgment and decree passed by the Additional District Court, Neyyattinkara in AS No.290/2010, the plaintiff in OS No.206/1994 of the I Additional Munsiff’s Court, Neyyattinkara has come up in Second Appeal. Originally, OS No.206/1994 was filed as a suit for perpetual injunction and subsequently it was amended by incorporating the relief of declaration of the title and possession of the plaintiff over the plaint schedule property having an extent of 50 cents in Survey No.172/5 of the Kadavattaram Desom. She traces her title through Exts.A1 and A2. Ext.A1 was executed by one Chellan Nadar in favour of the additional 2nd plaintiff. Originally, the present appellant alone was the plaintiff. Later, her mother was impleaded as the additional 2nd plaintiff. The additional 2nd plaintiff had settled the property in favour of the appellant.

3. During the course of the suit, the 2nd additional plaintiff