PRAVAT KUMAR KAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed for seeking the reliefs for which the present petitioner had also filed W.P.(C) No.6782 of 2008 and the said writ petition has been dismissed vide judgment and order dated 13.5.2008. The relevant part of the order reads as under :

(2.) A preliminary objection has been raised by Shri Pitambar Acharya, learned counsel appearing for the opposite party regarding the maintainability of the writ petition contending that it is barred by constructive res judicata as envisaged in Explanation -IV to Section 11 of the Code of Civil Procedure. In support of his contention, he has placed heavy reliance upon the judgment of the Honble Supreme Court in Forward Construction Co. and Ors. v. Prabhat Mandal, Andheri and Ors., AIR 1986 SC 391 wherein the apex Court at paragraph 19 and 20 has held as under :