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FACTS OF CASE

Daryao and Others vs The State of UP& Other is a case decided by the Supreme Court of India on 27 March, 1961, the case is also known as AIR 1457, 1961 SCR (1). The facts of the case are as follow: The petitioner and their ancestors had the tenants the land described in 

of the said land. The petition states that respondents, who have owned the land for fifty years, entered into unlawful possession during their temporary absence due to communal disturbance in November 1947.

The case involved the interpretation and application of the doctrine of res judicata in relation to writ petition filed under Article 226 and 32 of the Indian Constitution. The court held that the dismissal of a writ petition filed in the Supreme Court under Article 32 on the same facts and for the same relief, based on the general principle of res judicata.

ISSUE

The issue, Doctrine of Res Judicata is applicable to writ if it’s decided or dismissed on merits?

ARGUMENTS

 Daryao and Other vs The State of U.P. & Other is a case that was decided by the Supreme Court of India on 27 March, 1961. The case is also known as 1961 AIR 1457, 1962 SCR (1):

In this case, the Supreme Court interpreted and augmented the doctrine of Res Judicata holds an intrinsic role in adjudging the petition pertaining to Article 226 and 32 of the Indian Constitution. It was speculated and settled prior to this case that the Doctrine of Res Judicata holds immaterial and unrealistic operation in deciding the petition under the ambit of Article   226 and 32 of the Constitution.

The argument was whether the dismissal of a writ petition filed by a party – petition for claiming relief or remedy before The High creates a bar of res judicata against a similar petition filed in the apex Court under Article 32 on comparable facts and praying for the same or similar writ. The Indian Constitution Article 226 and 32 petition was dismissed, based on the doctrine of Res Judicata, which was deemed a specific element in the decision.

JUDGEMENT

Daryao And Other vs The State of UP & Other is a case that was decided by the Supreme Court of India on 27 March, 1961. The case is also known as 1961 AIR 1457, 1962 SCR (1). The bench that decided the case consisted of Justice P.B. Gajendragadkar, Justice A.K. Sarkar, Justice K.N. Wanchoo, Justice K.C.Das, and Justice N. Rajagopala Ayyangar.

The case is significant as it interpreted and augment the doctrine of Res Judicata. The doctrine, covered in Section 11 of the Code of Civil Procedure 1908, was examined in the context of petition pertaining to Article 226 and 32 of the Indian Constitution. 

The question that emerged was whether the dismissal of a writ petition filed by a party- petition claim remedy before, The High Court establishes a bar of res judicata against a similar petition filed in the apex court under Article 32, claiming relief for remedy. The court ruled that Res Judicata doctrine does not contradict dismissing petition under Article 226 and 32 of the Indian Constitution, placing it at a high level. 

The impact of this judgement on future cases in India is that it established that the dismissal of a writ petition filed by a part-petitioner for claiming relief or remedy before the high court creates a bar of res judicata against a petition was filed in the apex court under Article 32, requesting similar facts and prayers for the same a similar writ. This means that if a writ petition is dismissed by a High Court, then a similar petition cannot be filed in the Supreme Court under Article 32 on the same grounds and praying for the same or similar relief. This has helped to prevent repetitive litigation and ensure finality in judicial decisions.

References

www.indiankanoon.org

www.the-laws.com

www.casemine.com

Written by Ziya Praveen an intern under legal vidhiya

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