ISSUE:
Whether a writ petition under Article 32 is maintainable after the dismissal of a similar petition by a High Court under Article 226?
RULE:
Decisions by competent courts are final unless overturned on appeal, and repetitive petitions on the same issue are barred by res judicata under Section 11 of the Code of Civil Procedure, 1908.
According to the rule of res judicata, if a case has been dismissed on merits by the High Court, then the same cannot be brought before the Supreme Court by way of a subsequent petitioner under Article 32.
However, if a petition under Article 226 is dismissed not on merits but on account of delay or availability of an alternate remedy, there is no bar to filing a subsequent petition under Article 32.