Whether second writ petition is maintainable if first writ petition is withdrawn unconditionally?

 In view of the discussion above, we find that the
provisions of Code of Civil Procedure are not per se applicable to the
writ proceedings but the principles of the Code of Civil Procedure
which advance the public policy, which are equitable and just, can be
extended to the writ proceedings.
15. In Rita Mishra‟s, the writ application filed by 15
petitioners was withdrawn on 27th of September, 1985 and soon
thereafter i.e. on 30th of September, 1985, another writ application on
the same averments was filed. In these circumstances, it was held that
the second petition is not maintainable. We do not find that the said
decision requires reconsideration.
16. The unconditional withdrawal of the earlier writ
petition would bar the second petition on the same cause of action not
in terms of Order XXIII Rule 1 of the Code of Civil Procedure but in
terms of public policy of not permitting the litigants to come to the
Court time and again on the basis of same cause of action.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.421 of 1988

Mahanth Ram Kinkar Das, 
V
 The State of Bihar

CORAM:  THE ACTING CHIEF JUSTICE
and
 JUSTICE SMT. ANJANA MISHRA
and
 MR. JUSTICE SUDHIR SINGH
Citation: AIR 2017 patna 35

Print Page

Whether subsequent writ petition on different ground but same cause of action is barred by principle of Res judicata?

 It is settled position of law that a litigant does not have a right to approach the Court time and again for the same cause of action by only changing grounds each time. All possible grounds ought to have been raised or challenged at the first instance. The litigant not doing so would not be permitted to reagitate the same cause of action repeatedly by only changing grounds each time. The issue which has been challenged once and which stands decided should not be allowed to reopen and reagitate only on the ground that the petitioner at the first instance could not take or raise certain grounds which he has now done in the subsequent writ petition. If such a system and principle is to be permitted then there will be no end to litigation and the judicial pronouncement passed earlier would have no binding effect and it is precisely for this reason the principle of res judicata was adopted and is applied.

Equivalent Citation: AIR2015Chh165

IN THE HIGH COURT OF CHHATTISGARH

W.P. (S) No. 1261 of 2010

Decided On: 28.07.2015

Hitendra Borkar Vs. State of Chhattisgarh and Ors.

Hon'ble Judges/Coram:P. Sam Koshy, J.

Print Page