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Dismissal of Suit for Default Not Res Judicata, but Relief May Be Denied for Abandoning Earlier Proceedings: Supreme Court

29 Mar 2026 3 min read
Dismissal of Suit for Default Not Res Judicata, but Relief May Be Denied for Abandoning Earlier Proceedings: Supreme Court

The Supreme Court in the case of Sharada Sanghi & Ors. v. Asha Agarwal & Ors. examined an important issue relating to dismissal of suits for default, applicability of Section 11 Code of Civil Procedure, 1908, and misuse of court process during execution proceedings. The dispute arose from a long-standing property conflict concerning an agreement for sale dated December 15, 1986 relating to immovable property in Hyderabad. Filing of original…

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