AIR 1978 SUPREME COURT 1283 ::1978 LAB. I. C. 1111 ::1978 3 SCC 119 ::1978 U J (SC) 489 ::37 FacLR 85 ::1978 2 LabLJ 161 ::53 FJR 80 ::1978 2 LabLN 298 ::1978 2 SCJ 518

Supreme Court Of India

(From: (1973) 1 Lab LJ 199 (Ker))

Hon'ble Judge(s): N. L. Untwalia, Jaswant Singh, R. S. Pathak , JJJ

(A) Civil P.C. (5 of 1908) , S.11— Res judicata and constructive res judicata - @page-SC1284Principles - Applicability - Dismissal of special leave petition in limine - Whether bars subsequent writ petition.AIR 1958 Mad 398 and AIR 1959 Ker 291 and (1975) 2 Lab LJ 26 (Cal) Partly Overruled. Constitution of India , Art.136, Art.226— It is well-known that the doctrine of res judicata is codified in S. 11, C.P.C. but it is not exhaustive. S. 11 generally comes into play in relation to civil suits. But apart from the codified law the doctrine of res judicata has been applied since long in various other kinds of proceedings and situations by Courts in England, India and other countries. The rule of constructive res judicata is engrafted in Explanation IV of S. 11 and in many other situations also principles not only of direct res judicata but of constructive res judicata are also applied. If by any judgment or order any matter in issue has been directly and explicitly decided the decision operates as res judicata and bars the trial of an identical issue in a subsequent proceeding between the same parties. The principle of res judicata also comes into play when by the judgment and order a decision of a particular issue is implicit in it, that it, it must be deemed to have been necessarily decided by implication; then also the principle of res judica....