Mathura Prasad Bajoo Jaiswal & Ors vs Dossibai N. B. Jeejeebhoy on 26 February, 1970
8. On behalf of the plaintiff it was contended that the ground taken in the application dated 16-2-70 namely that the defendant committed a default within the meaning of Section 13 (6) as he neither made the deposit nor filed an application for grant of time for making a deposit as contemplated under Section 13 (4) on the first date of hearing namely 31-7-68 raised a question of jurisdiction of the Court and therefore the principle of res iudi-cata was not applicable to it. Reliance was placed on Mathura Prasad v. Dossibai, AIR 1971 SC 2355.