6.25.4. Doctrine of Res Judicata

♤ According to the dictionary meaning, 'res judicata' means a case or suit involving a particular issue between two or more parties already decided by a court. Thereafter, if either of the parties approaches the same court for the adjudication of the same issue, the suit will be struck by the law of 'res judicata'.

♤ If a person goes first to a High Court under Article 226 and his petition is dismissed on merits, he cannot approach the SC under Article 32 because of 'res judicata'. He can reach the SC only by way of appeal. If, however, high court dismisses his or her writ petition not on merits, then 'res judicata' does not apply and petitioner can move the SC

♤ This doctrine is applied to give recognition to the decision of courts of competent jurisdiction.

♤ Same person however, can approach the SC on the same cases, if some new facts have emerged which have not been examined by HC.