https://www.taxtmi.com/caselaws?id=311331 A dismissal for default under Section 102 of the Civil Procedure Code, Act X of 1877 does not operate as res judicata against the defendant. Read with Section 103, the bar to a fresh suit arises only where the later proceeding is founded on the same cause of action as the earlier dismissed suit. The cause of action is determined by the facts pleaded in the plaint, not by the defence or relief sought. Because the earlier plaint referred only to a threatened sale or mortgage, while the later suit relied on a subsequent gift deed that did not then exist, the later suit was treated as based on a new and distinct cause of action. en-us Wed, 02 May 1888 00:00:00 +0521 Wed, 20 Dec 2023 15:31:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311331 A dismissal for default under Section 102 of the Civil Procedure Code, Act X of 1877 does not operate as res judicata against the defendant. Read with Section 103, the bar to a fresh suit arises only where the later proceeding is founded on the same cause of action as the earlier dismissed suit. The cause of action is determined by the facts pleaded in the plaint, not by the defence or relief sought. Because the earlier plaint referred only to a threatened sale or mortgage, while the later suit relied on a subsequent gift deed that did not then exist, the later suit was treated as based on a new and distinct cause of action. Case-Laws Indian Laws Wed, 02 May 1888 00:00:00 +0521 https://www.taxtmi.com/caselaws?id=311331