Thursday, March 26, 2026

Dismissal in Default and Civil Procedure

Dismissal in Default and Civil Procedure

*Code of Civil Procedure, 1908 - Section 11 - "Res judicata" - Dismissal of Suit* - "Section 11 postulates that the matter must have been “heard and finally decided”. Dismissal of a suit for default, not being a decision on merits, cannot ordinarily be regarded as a final adjudication so as to attract the strict application of Section 11 of Code of Civil Procedure, 1908". - *Sharada Sanghi v. Asha Agarwal [2026] GCtR 258 (SC)*

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