Though dismissal for default does not operate as res judicata, a party who abandons earlier proceedings cannot re-agitate the same issues in subsequent or execution proceedings, as such conduct constitutes abuse of process and disentitles equitable relief.

advocatemmmohan

1. Res Judicata — Dismissal for default — Not applicable
   (Para 29, 30)
   Dismissal of a suit for default does not amount to a matter “heard and finally decided” under Section 11 CPC and therefore does not operate as res judicata.

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2. Abandonment of proceedings — Bar on re-agitation — Public policy principle
   (Para 33, 34, 45, 49)
   Even where res judicata is not strictly applicable, a party who had the opportunity to pursue a claim but abandoned it cannot subsequently re-agitate the same issue. This principle is grounded in public policy and the maxim nemo debet bis vexari.

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3. Abuse of process of court — Re-litigation impermissible
   (Para 45, 47)
   Re-agitating issues which were earlier raised or could have been pursued amounts to abuse of process, even if strict res judicata does not apply. Courts are empowered to prevent such misuse.

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4. Conduct of party — Equitable relief — Disentitlement
   (Para 32, 40, 48)
   Relief such as specific performance being equitable in nature, the conduct of the party is crucial. A party who acts negligently, suppresses facts, or adopts inconsistent stands is disentitled to equitable relief.

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5. Order IX Rule 9 CPC — Effect of dismissal for default
   (Para 39)
   Where a suit is dismissed for default, the plaintiff is barred from instituting a fresh suit on the same cause of action, and the only remedy is restoration of the original suit.

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6. Execution proceedings — Cannot reopen abandoned issues
   (Para 45, 50, 52)
   A party cannot bypass earlier abandonment of substantive claims and seek to indirectly achieve the same result through execution proceedings.

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7. Finality of litigation — Judicial policy
   (Para 46, 49)
   Courts must uphold finality of litigation and prevent repeated or vexatious proceedings, in line with public policy and judicial efficiency.

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Core Ratio (One-Line Proposition)

Though dismissal for default does not operate as res judicata, a party who abandons earlier proceedings cannot re-agitate the same issues in subsequent or execution proceedings, as such conduct constitutes abuse of process and disentitles equitable relief.