Resjudicata--Dismissal in Default-- Default Dismissal No Bar Under Section 11 CPC, But Deliberate Abandonment of Suit Precludes Re-agitation in Execution
A decree-holder who abandons independent suits challenging third-party title cannot subsequently seek dispossession of those parties through execution proceedings. Though dismissal of a suit for default does not strictly constitute res judicata under Section 11 of the CPC — as the matter must have been "heard and finally decided" on merits — deliberate abandonment of litigation on the same cause of action amounts to abuse of the process of court. The principle of nemo debet bis vexari bars reagitation of issues already raised and abandoned.
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