Res Judicata Revisited: Supreme Court Distinguishes Default Dismissal from Final Adjudication

In Sharada Sanghi v. Asha Agarwal (2026 INSC 292), the Supreme Court has clarified that dismissal of a suit for default does not constitute a “final adjudication” and therefore does not attract the bar of res judicata under Section 11 of the Code of Civil Procedure, which mandates that the matter must have been heard and finally decided; however, the Court simultaneously held that a litigant who institutes proceedings and subsequently abandons them cannot later revive the same issues through collateral or execution proceedings, as such conduct invites application of broader public policy principles against multiplicity of litigation and abuse of process, thereby drawing a doctrinal distinction between strict res judicata and equitable finality grounded in procedural discipline.