• earlier suit filed dismissed for default,can fresh suit be filed

my father had filed a suit RAE&R against a tenant that was decreed in execution an obstructionist was found that notice was dismissed for default in ,1995,as the title was in dispute, in the year 2007 the title was decided in our favour by civil court, the said obstructionist in 2008 carried out unauthorised construction without  our permission and in excess,I filed a case in the civil court against him as a trespasser that was dismissed as the judge findings was completely against me, now I am in appeal before High court.
Asked 3 years ago in Civil Law from Mumbai, Maharashtra

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