re-agitation of constitutional rights

Guest (Querist) 20 April 2010 This query is : Resolved
wether any principle of res judicata can be applied in a case involving claim guaranteed under part third of constitution of india.
can a person be estopped from re-agitating an issue involving infringement of his fundamental rights?
sir can a claim under article 14 & 16 be agitated again if they were in issue in an earlier petition but not considered and decided by court?

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Raj Kumar Makkad (Expert) 20 April 2010
Definitely he can agitate because no finding was given in the earlier petition. Otherwise also fundamental rights, if infringed in a different situation give rise fo separate cause of action and agitation against the same cannot be hit by section 11 of CPC.