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14.There is no dispute between the parties that Suit No.45 of 1959 was only for judicial separation. There is no dispute as regards the fact that the acts of cruelty alleged in that suit have been relied upon for the relief of divorce claimed in the present suit. As relief of divorce was not claimed in the previous suit, we are unable to hold that the present suit is in respect of the subject-matter for which the previous suit had been instituted. We are unable to accept Mr.Banaji's contention that on the ground of estoppel the plaintiff was not entitled to rely upon the previous acts of cruelty and/or the constructive desertion which were alleged in the previous suit. In this connection, reliance has been rightly placed on behalf of the plaintiff on the case of Fisher v. Fisher, 1959-3 All ER 131. It is not necessary to refer to the facts in that case. So far as we are concerned, it has been held under O.23, R.1 that when a suit for a different relief is filed, it cannot be held to be a suit for the same subject-matter."