Daryao v State of U.P. (1961)

CPC & Limitation Act · Transfer of Cases (ss.22–25)

Facts.

The petitioners, having lost a writ petition under Art. 226 in a High Court, filed a fresh writ petition under Art. 32 in the Supreme Court on the same facts and grounds.

Issue.

Does the rule of res judicata apply to writ petitions, or is a constitutional remedy immune from it?

Held.

Res judicata is a rule of public policy and applies to writ petitions; a matter finally decided on the merits in a Art. 226 petition cannot be re-agitated under Art. 32.

Why it matters.

It confirmed that res judicata (s.11) is not a mere technicality of the CPC but a general principle of finality that even governs fundamental-rights litigation.

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