take the plea that Appellant has not come to court with clean hands and is not entitled to any reliefs

2) that Appellant has suppressed material facts ie he had filed earlier application on same grounds which were disposed of by EC 

3) It must be taken as held by the Supreme Court that the principles of constructive res judicata are also applicable to execution proceedings. But the conditions of applicability of the principles of res judicata actual or constructive contained in section 11 CPC must be complied within such cases as far as possible.

If no leave was granted by court while the appeal was withdrawn then the fresh case itself is not maintainable. 

Moreover the earlier petition itself was dismissed then a fresh application on the same grounds is not maintainable 

- Since, the first application was dismissed by the court , then the second application is not maintainable on the same ground and cause of action , and is liable to be dismissed with cost.

- The provision of Section 11 enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in subsequent litigation. 

- You should produce the order of the court on first application with the reply of the second application . 

A judicial decision by court   after hearing parties  on merits  is  Final and binding 

2) section 11 does not codify or crystallize the entire law regarding the doctrine res judicata. It deals with some of the circumstances under which a previous decision will operate as res judicata but not with all. Where circumstances other than provided for in section 11 exists the general principle underlying the rule of res judicata may be invoked in proper cases without recourse to the provision to the provisions of that section.

Just mention before the court that on same ground, application is already been dismissed. No need to raise sec 11. Res judicata deals with the final decision of the court in a suit

Why have you titied your query as 'Res Judicata'? How did you come across this term? Seems you are interested in purposeless reading and gathering information which is completely useless to you. 

Once the appellant had withdrawn the appeal that too without leave of the court to file a fresh appeal on similar grounds, then either the appeal or a fresh suit on the same cause of action is not maintainable.

If the appellant had withdrawn the appeal then it is deemed that he has accepted the decree.

Therefore the fresh suit on the same lines is not maintainable.

Since the appellant had withdrawn his appeal and filed a fresh suit, it an be deemed that there is a constructive res-judicata.

Constructive Res Judicata:It is an artificial form of res judicata and provides that if a plea could have been taken by a party in a proceeding between him and his opponent, he should not be permitted to take that plea against the same party in a subsequent proceeding with reference to the same subject-matter. 

Section 11 provides that no the court shall try any suit or issue in which the matter has been directly and substantially in issue in a former suit between the same parties and has been heard and finally decided.

There must be two suits one former (previously decided) suit and the other subsequent suit. Parties of the former and subsequent suit or the parties under whom they or any of them claim should be the same.

- If the said application was withdrawn by the JD with the opportunity to file the appropriate application on later state , then his application is maintainable. 

- But if the court has not granted his opportunity /permission to refile the application on the same ground , then his application deserve to be dismissed. 

- Further, If there is no candid disclosure of relevant and material facts or the applicant is guilty of misleading the Court, then his application / petition may be dismissed at the threshold without considering the merits of the claim.

- Further, the principle of res judicata applies to execution proceedings, and the principle of Constructive res judicata applies not only to different execution applications but also to different stages of the same execution petition.