Dismissal of Suit for Default Not Res Judicata, But Re-litigation After Abandonment Is Abuse of Process: Supreme Court

The Supreme Court of India has dismissed an appeal by decree-holders seeking to execute a specific performance decree against third-party objectors, holding that the appellants’ failure to pursue earlier suits challenging the objectors’ title precluded them from doing so in execution proceedings. A Bench comprising Justice Dipankar Datta and Justice Augustine George Masih, while clarifying

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