JUDGMENT

Sulaiman, C.J. - This is a plaintiff's appeal arising out of a suit which has been dismissed on the ground that the claim is barred by limitation. Previous to the present suit the plaintiff had instituted a suit on the same cause of action against two sets of defendants. An objection was taken that the suit was defective on account of multifarious ness because different causes of action arising against different defendants had been wrongly joined together. The Court expressed the opinion that there was this serious defect and actually ordered that the plaintiff should elect as to which of the two classes of defendants he would like to proceed against. After this order was passed, the plaintiff filed an application under Order XXIII, Rule 1, CPC for withdrawal of the suit against one set of the defendants with permission to institute a fresh suit against them afterwards and chose to proceed with the suit as against the remaining defendants. The Court ordered the suit to be withdrawn and granted the permission asked for. On the very day that the permission was granted the plaintiff instituted the present suit.

2. It is admitted that the claim of the plaintiff would be barred b