ORDER :- The main question which arises for determination in this writ petition is whether the present suit, under Section 209 of the U. P. Zamindari Abolition and Land Reforms Act, filed by the Gaon Sabha against the petitioner is barred by Order XXIII, Rule 1 (3), Civil Procedure Code. An earlier suit under the same provision being Suit No. 22 was filed by the Gaon Sabha against the petitioner. The Gaon Sabha made an application to the trial Court for permission to withdraw the suit. In the application the Gaon Sabha also prayed that it might be granted permission to file a fresh suit. On January 17, 1966, the trial Court passed the following order on this application :- "Allowed to be withdrawn on payment of Rs. 8/- as costs." It is to be noticed that the order was completely silent whether the permission was or was not granted to file a fresh suit. The present suit was filed on July 6, 1966. It was under the same provision and for the same relief. The petitioner contested the suit, inter alia, on the ground that it was barred on account of the earlier suit haying been withdrawn, without any permission having been granted to file a fresh suit. The trial Court held that the prese

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