Section 44. If the court finds that the plaintiff has not title proper for registration, a judgment shall be entered dismissing the complaint, and such judgment may be ordered to be without prejudice, in whole or in part, but unless so ordered it shall bind the parties, their privies and the land in respect of any issue of fact which has been tried and determined. The plaintiff may withdraw his complaint at any time before final judgment, upon terms fixed by the court. The court may require a plaintiff who moves to withdraw his complaint or to substitute some other person as plaintiff, to stipulate that he shall be bound by the result of any issue of fact which has been tried and determined, and such stipulation shall bind the parties, their privies and the land itself.
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