Will Partition Suit Filed twice Hit under Res Judicata

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
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Advocate Justice Kishan Dutt Kalaskar

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Dear Sir,

Partition suit not decided on merits so res judicata not applicable. 

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