Gulabchand Chhotalal Parikh v State of Gujarat (1965)

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

Facts.

A matter decided in a writ proceeding was sought to be re-litigated in a subsequent civil suit.

Issue.

Can the general principle of res judicata operate between a writ proceeding and a later suit?

Held.

The general principle of res judicata (not merely s.11 in terms) can bar a subsequent suit where the same matter was finally decided on the merits in an earlier writ proceeding.

Why it matters.

Shows that res judicata is a principle wider than the text of s.11 and applies across proceedings.

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