Straight, Offg. C.J and Mahmood, J.:— Although the respondent's title to both houses rested on the title acquired by him under one and the same sale-deed, yet the cause of action, viz., his ouster from the two houses on different occasions, gave rise to two separate causes of action, which he was not bound to join in the form suit. There is nothing in the Civil Procedure Code to compel a plaintiff to do so and s. 48 cannot be understood to convey any such meaning. The “subjects in dispute” in the former suit related to one house; the “subjects in dispute” in this suit relate to the house now in question. The present case is analogous to the cases of Jardine Skinner and Co. v. Ranee Shama Saonduree Debia and Ram Sunder Saha v. Delanney disposed of by the Calcutta Court, and, adopting the principle laid down in those rulings, we dismiss this appeal.
Appeal dismissed.