For default in summons according to cpc section 32 1) issue a warrant for arrest 2)attach and sell his property 3)impose a fine on him 4) order him to furnish security and send him to civil prison for default .
Section 11 of CPC (code of civil procedure )Deals with the Res judicata. It says the matter /issue that was heard by the court previously and decided shall not be heard again unless and until parties and title are not same. Double jeopardy Article 20(2) says that no person shall be punished again for the same offence.