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Res Judicata

(Querist) 10 June 2010 This query is : Resolved 
Once PIL Petition is filed and order has been passed on the same issue can again on the same question PIL petition can be filed for the enforcement purpose, whether it amounts to be Res Judicata ?
Daksh (Expert) 10 June 2010
Dear Shantanu Dekhane,
If the matter has got adjudicated then for the purposes of enforcement one can file interlocutory application or contempt petition for not obeying court orders. Off course as the matter stands adjudicated the cause of action also does not exist hence there is no point in filing PIL afresh as the same will not be cleared for listing by the Registry as per High Court/Supreme Court Registry Rules.

Best Regards
Daksh
Binod Kumar Mishra (Expert) 10 June 2010
dear shantanu,

yes this amount to resjudicata because once the remedy is available on certain issues and you have availed then again going on the same issue will amount to resjudicta.
Uma parameswaran (Expert) 11 June 2010
For enforcement you can file an IA in the same petition.


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