'X' filed a civil suit for eviction and possession of his property against 'Y', an unauthorized occupier. But the case was 'dismissed by default' without any hearing and not considering merits of the case by Honorable Co

The principle of res judicata aims at bringing finality to the litigation. The basic principle is that a final judgement rendered by a court of competent jurisdiction is conclusive on merits as to rights of the parties and constitutes an absolute bar against subsequent action involving the same claim. The principle of resjudicata applies only under following circumstances: The matter directly and substantially in issue has been directly and substantially in issue in a former suit between same parties or between whom they claim litigation under the same title. The matter is in the court competent to try such subsequent suit or the suits in which such issue has been subsequently raised and has been heard and finally decided. The word former suit means suit decided prior, irrespective of the date of institution. The matter must be decided on merits i.e. the issue was alleged by one party and denied by the other. In the present case the competent court has dismissed without any hearing i.e. the case not been heard, and also case must be decided on merits. So the principle of Res judicata does not apply, Mr. X can file a fresh suit before the competent court.