Supreme Court of India · 1964-12-14
GULABCHAND CHHOTALAL PARIKH vs STATE OF BOMBAY (NOW GUJARAT)
- Citation / case number
- SC 1963/277
- Court
- Supreme Court of India
- Petitioner
- GULABCHAND CHHOTALAL PARIKH
- Respondent
- STATE OF BOMBAY (NOW GUJARAT)
- Author
- SARKAR, A.K.,SUBBARAO, K.,DAYAL, RAGHUBAR,AYYANGAR, N. RAJAGOPALA,MUDHOLKARR.
- Bench
- SARKAR, A.K.,SUBBARAO, K.,DAYAL, RAGHUBAR,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that a decision of the High Court on a writ petition under Article 226, made after full contest, operates as res judicata in a subsequent regular suit between the same parties regarding the same matter. The Court clarified that the provisions of Section 11 of the Civil Procedure Code, 1908, are not exhaustive, and any previous decision on a matter decided after full contest will operate as res judicata, regardless of the nature of the former proceeding. The appeal was dismissed, affirming the lower courts' rulings that the suit was barred by res judicata.