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S. 11---Res judicata,
principle of---dismissal of
matter for non-prosecution ---Effect---dismissal of application or suit or any other litigation or
proceedings for default or for non-prosecution cannot
operate as res judicata and it is for such reason that fresh suit/application has been held to be
competent in case where earlier matter was dismissed for non-prosecution or
default and not disposed of on merits---Principle and question of res
judicata applies only if previous lis/application or proceedings were
disposed of or decided on merits and which had directly or substantially
decided controversy between the parties.
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