Question

The doctrine of res judicata requires that a party should not be allowed to file same matter repeatedly against the other party either in the same court or in other competent court and that the decision given by one court should be accepted as final subject to any appeal, revision or review. The doctrine is founded on the principle that it is in the interest of the public at large that a finality should be attached to the binding decisions pronounced by courts of competent jurisdiction, and it is also in the public interest that individuals should not be vexed twice over with the same kind of litigation. This apart, the object of the doctrine is to ensure that ultimately there should be an end to litigation. Doctrine of res judicata is embodied in Section 11 of the Code of Civil Procedure, 1908 which governs the procedure to be followed in civil matters. Section 11 is inapplicable to writ jurisdictions. The Supreme Court has observed that though the rule is technical in nature yet the general doctrine of res judicata is based on public policy and therefore, it cannot be treated as irrelevant or inadmissible even in dealing with fundamental rights in petitions filed under Article 32 of the Constitution of India. The court observed that if a writ petition filed by a party under Article 226 of the Constitution of India is considered on merits as a contested matter and is dismissed, the decision thus pronounced would continue to bind the parties unless it is otherwise modified or reversed in appeal or other appropriate proceedings permissible under the Constitution of India. It would not be open to a party to ignore the judgment of the High Court and move Supreme Court under Article 32 by an original petition made on the same facts and for obtaining the same or similar orders or writs. If the petition filed in the High Court under Article 226 is dismissed but not on the merits, then the dismissal of the writ petition would not constitute a bar to a subsequent petition under Article 32, however if the petition is dismissed without passing a speaking order, then such dismissal cannot be treated as creating a bar of res judicata.