A' filed a suit against three defendants. Defendant No. 1 alleged that there was no cause of action against him under order VII Rule 11(d) Code of Civil Procedure. The Plaint is to be

A' filed a suit against three defendants. Defendant No. 1 alleged that there was no cause of action against him under order VII Rule 11(d) Code of Civil Procedure. The Plaint is to be Correct Answer Proceeded with against all defendants

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On rejection of a suit under Order VII, Rule 11 of Code of Civil Procedure, a fresh suit on the same cause of action under Order VII, Rule 13 of Code of Civil Procedure
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1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
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3. The parties as aforesaid must have litigated under the same title in the former suit
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