ORDER :

It is a case wherein the trial court while drawing a decree on merits in a suit granted permission to file another suit in the following lines :

“Suit is dismissed. No order as to costs. The decision in this case is not a bar for filing a fresh suit subject to the law of limitation, if so advised.”

2. Strange enough, this decree was passed in a subsequent suit in O.S.No.205/2011. The earlier suit, O.S.No.260/2007 between the same parties on the same subject matter on the very same cause of action was allowed to be withdrawn on payment of cost of Rs.1000/- with liberty to file a fresh suit on the same cause of action. It is thereafter, a second suit – O.S.No.205/2011 was filed on the very same cause of action and it was disposed of by the trial court (Munsiff Court, Haripad) on its merits as above by reserving liberty to file a fresh suit. Based on the said decree, a third suit – O.S.No.175/2017 was instituted by the very same plaintiff presumably based on the reservation made in the earlier decree in O.S.No.205/2011 by removing the bar in instituting a fresh suit, but subject to the law of limitation. It is quite unfortunate that the officer had taken away the provisions co