Keelangoti Narayana Tantri vs Nagappa And Ors. on 14 November, 1917
23, and Narayana Tantri v. Nagappa . are not on all fours because in those cases there was a request in the applications that liberty to bring a fresh suit should be allowed. In the present case the plaintiff announced his intention of bringing a fresh suit but he did not actually ask for liberty to bring the suit. There is perhaps something to be said for the argument that in substance the plaintiff obtained the Court's permission to bring a fresh suit, but we do not propose to deal with the case on this ground. We are clearly of opinion that in any case the plaintiff's failure to obtain the leave of the Court to bring this suit is not fatal to his suit.