ORDER :

Shree Chandrashekhar, J.

Vikram Pandey instituted MTS No. 138 of 2015 for a decree of divorce by dissolution of his marriage with Anupama Pandey solemnized on 19th April 2012, on the ground of cruelty as provided under section 13 (1) (i-a) of the Hindu Marriage Act, 1955. The suit was dismissed for non- prosecution by an order dated 6th October 2016. Subsequently, by an order dated 12th April 2017 passed in Misc. Case No. 35 of 2016 which was filed in MTS No. 138 of 2015 the appellant was permitted to withdraw the suit with permission to file a fresh one. Thereafter, he filed Original Suit No. 230 of 2017 which has been dismissed by an order dated 19th January 2019 on the ground that the suit was barred under Order IX Rule 9 of the Code of Civil Procedure (in short, 'CPC').

2. The aforesaid order dated 19th January 2019 passed in Original Suit No. 230 of 2017 has been challenged by the appellant on the ground that once permission was granted by the Court to file a fresh suit, the bar under Order IX Rule 9 CPC would not apply in his case.

3. Ms. Alka Kumari, the learned counsel for the respondent has however supported the impugned order dated 19th January 2019 by which the Origi