1 WP 4251/2011 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4251 OF 2011 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Prasad Kulkarni for the petitioner. CORAM : D.G. KARNIK, J DATE : 13TH JULY 2011 P.C. : 1. By this petition, the petitioner challenges the order dated 20th January 2011 rejecting the petitioner’s application for appointment of a Court commissioner. 2. Previously the petitioner had made an application for appointment of a Court commissioner on the very same 2 WP 4251/2011 grounds and the same was rejected. That order has become final as the same has not been challenged. There is no change in circumstances. As such the previous order in the earlier application would bar second application for the very same relief on same grounds. The principle contained in section 11 of the Code of Civil Procedure applies not only to a subsequent suit but between the two stages in the same legal proceedings. A party cannot be vexed with the same cause more than once in the same suit. Writ petition is rejected summarily. (D.G. KARNIK, J.)