Daryao v. State of Uttar Pradesh

AIR 1961 Supreme Court 1457Supreme Court of India1961Civil Procedure Code and Law of Limitation, Constitutional Law I

Rule established

The principle of res judicata applies to writ proceedings. A writ petition dismissed on merits by the High Court under Article 226 bars a subsequent petition before the Supreme Court under Article 32 on the same grounds.

Facts

The petitioners were tenants whose ejectment had been ordered under the U.P. Tenancy Act
They filed writ petitions before the Allahabad High Court under Article 226 challenging the ejectment orders on constitutional grounds
The High Court heard the petitions on merits and dismissed them
The petitioners then approached the Supreme Court under Article 32 raising substantially the same constitutional grounds
The State contended that the Supreme Court petition was barred by res judicata

Issues

Whether the principle of res judicata applies to writ proceedings under Articles 226 and 32.
Whether a writ petition dismissed on merits by a High Court bars a subsequent petition under Article 32.

Held

The principle of res judicata is of universal application and is not confined to suits under CPC
The binding character of judgments pronounced by competent courts is an essential part of the rule of law
Where a High Court hears and decides a writ petition on merits, its decision operates as res judicata in subsequent proceedings between the same parties on the same grounds
A petition under Article 32 raising the same grounds is barred
Distinction: A writ petition dismissed merely on preliminary objections (laches, locus, alternative remedy) without deciding the merits does NOT create res judicata on the substantive constitutional question

Ratio Decidendi

Res judicata applies to writ proceedings. A writ petition dismissed on merits by a High Court under Article 226 bars a subsequent petition before the Supreme Court under Article 32 on the same grounds between the same parties. The doctrine serves the rule of law by preventing endless relitigation of settled matters.

How to use it in an exam

Res judicata (S.11): The primary authority extending the doctrine beyond civil suits to constitutional writ proceedings
Scope of S.11: Demonstrates that res judicata is a principle of universal application, not limited to CPC proceedings
Distinction: Dismissal on merits creates bar; dismissal in limine or on preliminary grounds does not
Key line for exam: "In Daryao v. State of U.P. (1961), the Supreme Court held that res judicata applies to writ proceedings. A writ petition dismissed on merits under Article 226 bars a subsequent petition under Article 32 on the same grounds, as the binding character of judgments is an essential part of the rule of law."

Source

Source: AIR 1961 SC 1457

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.

Cited in study notes

Doctrine of Res JudicataExtension of res judicata to writ proceedings