this Court held
that constructive res-judicata being a special and artifi-
cial form of res-judicata should not generally be applied to
writ petitions ... rely upon the general doctrine of res
judicata, as the only ground on which res judicata could be
urged in a suit could
barred by the
general principle of res judicata. It was further clarified
that the rule of res judicata, as indicated in Section ... because the principle of res judicata is not applicable
to a fundamentally lawless order. If the doctrine of
res judicata is attracted to an application
SC1153 (5,57)
RF 1977 SC1680 (7)
ACT:
Practice-Principle of constructive res judicata-
Applicability to writ petitions.
HEADNOTE:
The appellant was assessed to sales ... Court,
HELD : The appeal should be dismissed as the principle of
constructive res judicata is applicable in these
circumstances. [692 E-F].
Though the courts
constructive res judicata.
13. The learned trial bench passed the order on 13.3.2009 on the
preliminary issue (Issue No.1) relating to res judicata ... judicata, but barred by principle of constructive res judicata without
assigning any reasons. Plea of res judicata is a restraint on the right
paragraph
115 of the said judgment, the plea of constructive res-
judicata should have been applied by the High Court and the
High Court committed ... hereafter. That being
the position, not only that the principle of constructive res-
judicata would apply, but also it was not open for the High
constructive res judicata applies.
(13). Learned counsel for the appellant urged that in order to raise the plea of res judicata there must ... constructive res judicata. Therefore, the question that there has to be an order deciding the issue only then the principle of res judicata can apply
therein are barred by principles of res-judicata as well
as constructive res-judicata. However, with a view to avoid the remand, in
case ... barred by the principles
of res-judicata or constructive res- judicata, the MAT disposed of the
controversy raised in O.A. on merits
rule of res judicata by Section 11 of the Code and has application to suits alone. When a plea of res judicata is founded ... purposes of, res judicata, decided".
He has also said that even an ex parte decree operates as res judicata in respect of grounds
principle of constructive res judicata is not well founded. In order to raise the plea of res Judicata or constructive res Judicata. the essential ... constructive res judicata so as to debar a party of rasing same or additional plea for different periods. Though general principle of res judicata, including
forward this contention earlier. Hence,
neither res judicata nor constructive res judicata would
apply to the facts of the present case. He alternatively
submitted that ... operate as res judicata between co-plaintiffs if all
these conditions are mutatis mutandis satisfied. In
considering any question of res judicata we have
