- (1.) The petitioner seeks an order on the respondents for return of a title deed and to re -credit a sum of Rs. 9,64,000/ - in his current account.
(2.) It is not in dispute that the petitioner had approached this Court by invoking its writ jurisdiction earlier by filing W .P. No. 24815 (W) of 2012 claiming identical relief, which stands dismissed for default.
(3.) Mr . Lahiri, learned senior Counsel appearing for the respondents submits that this writ petition, filed on the self -same cause of action on which the earlier writ petition was filed, is not maintainable in law. Mr. Singh, learned Advocate representing the petitioner contends that dismissal of a writ petition for default does not preclude filing of a fresh writ petition on the self -same cause of action on the principle that there being no decision on the merits, the rule of res judicata is not attracted.;