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no speaking and reasoned order made on Writ petition res judicata


14-Feb-2023 (In Civil Law)

on the question of res judicata in appellate WP, no speaking and reasoned orders are made on the issue that matter was directively or constructively was at issue and was adjudicated in the earlier matter. Please state whether that judgment is a judicial judgment on the light of order xx of cpc and what are the remedies available to the petitioner including a memorandum to the Chief Justice of high court and fresh W P in Delhi high court for protection oh article 226 itself because this itself implies that a reasoned decision shall be passed by court ,that has not been done in this case.

Answers (1)

Answer #1
743 votes
The application of the principles of res judicata depends on the cause of action in a particular case.. If the cause of action is still subsiding and continues res judicata is not a bar.. Kindly give details of the fact situation. Also writing letter to CJ is not an option .

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