Res Judicata Is Attracted Not Only In Separate Subsequent Proceedings But Also At Subsequent Stage Of The Same Proceedings : Supreme Court

The Supreme Court observed that the doctrine of res judicata is attracted not only in separate subsequent proceedings but also at subsequent stage of the same proceedings.A binding decision cannot be ignored even on the principle of per incuriam because that principle applies to the precedents and not to the doctrine of res judicata, the bench of Justices Dinesh Maheshwari and Aniruddha. The Supreme Court observed that the doctrine of res judicata is attracted not only in separate subsequent proceedings but also at subsequent stage of the same proceedings. Before the Apex Court bench, it was contended that the issue in question relating to the appearance of wife of the appellant as his GPA holder stood concluded in these proceedings by virtue of the previous orders of the High Court and such an issue could not have been re-opened at all, for operation of the doctrine of res judicata. Case details S Ramachandra Rao vs S Nagabhushana Rao | 2022 LiveLaw 861 | CA 7691 - 7694 OF 2022 | 19 October 2022 | Justices Dinesh Maheshwari and Aniruddha Bose Headnotes Code of Civil Procedure, 1908 ; Section 11 - Res Judicata - Doctrine of res judicata is attracted not only in separate subsequent proceedings but also at the subsequent stage of the same proceedings.