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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>Plaintiff's Suit Dismissed Due to Res Judicata, Appeal Rejected</h1> The High Court of Andhra Pradesh dismissed the plaintiff's suit based on res judicata, as the plaintiff had previously challenged orders in a writ ... Res judicata - finality of a judgment in writ proceedings - bar on re-litigating identical grounds after dismissal of writ petition and writ appealRes judicata - finality of a judgment in writ proceedings - Whether the plaintiff's suit seeking declaration and injunction in respect of the same administrative orders is barred by res judicata in view of earlier writ petition and writ appeal dismissed by this Court. - HELD THAT: - The plaintiff previously challenged the Assistant Collector's order and the appellate order by way of a writ petition which was dismissed on merits, and thereafter the writ appeal was also dismissed after considering the judgment of the learned single Judge. The present suit seeks a declaration and permanent injunction on precisely the same grounds which had been raised and negatived in the earlier writ proceedings. Having chosen the remedy of writ petition and writ appeal and failed therein, the plaintiff cannot reopen the same controversy by instituting a fresh civil suit. The judgment in the earlier writ proceedings operates as res judicata and bars relitigation of identical issues and grounds already finally adjudicated by this Court. The trial court correctly framed and upheld the preliminary issue of res judicata.The suit is barred by res judicata and is dismissed.Final Conclusion: Appeal dismissed; the High Court's prior dismissal of the writ petition and writ appeal on the merits bars the present suit by operation of res judicata; dismissal with costs. The High Court of Andhra Pradesh dismissed the plaintiff's suit on the grounds of res judicata. The plaintiff had previously challenged orders in a writ petition and appeal, which were dismissed. The court held that the judgment in the writ petition operated as res judicata, barring the plaintiff from filing a suit on the same grounds. The appeal was dismissed with costs.
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