Will a Partition Suit Dismissed for Default from both Parti in 2006 and Filed New OS with Same Plaint in 2010 hit under Res Jud

Situation : I am the plaint in Partition Suit OS 1994, Respondent came to compromise and believing that both left the case and it got dismissed for default in 2006. Till 2010 respondent was fooling us in various manner. Hence we Filed a new Partition Suit with same plaint in 2010. will this suit hit under Res Judicata. Very Humbly Request to Provide me Latest Supreme Court Citations.
Related Topics : Civil Litigation
Lawyers answer this question

Advocate Justice Kishan Dutt Kalaskar

Bangalore 
For More Details Contact On +91 7769012300.
A:

No, as it was not decided on merits. 

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