Order XXIII Rule 1 applies to the interlocutory applications also.= Order XXIII Rule 1 applies to suit, but I feel that the principle underlying the same is based on public policy, as such, I do not see any reason for not applying the said principle to the interlocutory applications also. = petitioner filed petition under Order 1 Rule 10 and Section 151 CPC to implead him as 7th respondent/7th defendant in the place of 1st respondent/1st defendant to contest the proceedings as a legatee under the Will.= The 1st defendant died on 05.11.2011 due to old age and on her death, the Will dated 29.09.2010 came into operation and he became the legatee of the will and became absolute owner of his mother estate i.e., half share of the suit schedule property. The 1st respondent/plaintiff knowing fully well, have filed a memo stating that she is only legal heir and already succeeded to the half share of his mother. The 1st respondent/plaintiff has no manner of right, title and interest against the property and sought to implead him as 7th respondent/7th defendant to contest the proceedings as a legatee.= But at the same, in the instant case, petitioner cannot maintain the present application for the same cause of action after withdrawal of I.A.No.1 of 2012 filed by him, that too, without obtaining permission to institute the present application. Though the present application is not hit by the principles of res judicata, but whoever waives, abandons or disclaims a right will forego the same. In order to prevent a litigant from abusing the process of the court by instituting suits again and again on the same cause of action without any good reason, the Code insists that he should obtain the permission of the Court to file a fresh suit after establishing either of the two grounds mentioned in Rule 1(3) of the Order XXIII. The principle underlying the above rule is founded on public policy as held by the Hon'ble Supreme Court in Sarguja Transport Service v. State Transport Appellate Tribunal, M.P.Gwalior (supra). Though the above said decision was rendered in the context of suit proceedings, but the said principle was made applicable to writ proceedings also, since the same is founded on public policy. Though Order XXIII Rule 1 applies to suit, but I feel that the principle underlying the same is based on public policy, as such, I do not see any reason for not applying the said principle to the interlocutory applications also. In the instant case, the trial Court was right in holding that a fresh interlocutory application is not maintainable before it, in respect of the same subject matter since the earlier interlocutory application had been withdrawn without permission to file a fresh application.