ISSUE:
Whether the dismissal of a writ petition filed by a party creates a bar of res judicata against a similar petition filed in the Supreme Court under Article 32 on the same or similar facts and praying for the same or similar writ?
RULE:
Whether or not a writ petition is dismissed in limine and an order is issued in its place, the substance of the order will determine whether or not the dismissal is a bar.
If the decision is on the merits, it will be a bar. On the other hand, if the decision was based on the petitioner’s laches or because of an alternative remedy or if a dismissal in limine is without a spoken order, it will not be a bar.