As per the case facts, the litigation began with a civil suit for property declaration, sale deed cancellation, and injunction. The High Court had allowed a second appeal, overturning an ... earlier appellate court's decision and reinstating the trial court's dismissal of the suit. The reason for the appeal to the Supreme Court was to contest the High Court's judgment, which had reversed the first appellate court's decree and reinstated the trial court's decision. The question arose whether an order dismissing a suit for default constitutes a "judgment" or "decree" and if such a dismissal prevents a fresh suit under the principle of res judicata. Finally, the Supreme Court affirmed that an order dismissing a suit in default under Order IX, Rule 2 or 3 of the CPC is not a judgment or decree, nor is it appealable. Therefore, it does not bar a fresh suit based on the principle of res judicata.