Constitution of India — Articles 226 & 136 — Writ — Bar of res judicata

August 26th, 2013

Constitution of India — Articles 226 & 136 — Writ — Bar of res judicata — Effect of non-filing of pleadings of earlier writ — Held, respondents have not filed pleadings of earlier writ petition therefore plea is not intertainable — Practice and Procedure — Plea of res judicata against writ.

HELD: We do not find valid ground to entertain the objection of res judicata because the official and private respondents have not filed the pleadings of Writ Petition No.27067/1998 and without going through the same, it is not possible for this Court to record a finding that the appellant should be non-suited because a similar petition had been dismissed by the High Court.

(Para 63)

K. Guruprasad Rao v. State of Karnataka[Bench Strength 2], C.A. No. 4823/2013 (Arising out of SLP (C) No. 20180/2010)(01/07/2013), 2013(8) SCALE 629 [G.S. Singhvi, J.: Ranjana Prakash Desai, J.]

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