lsquo A rsquo files a petition in Delhi High Court under Article 226 of the Constitution for reinst...........

Civil Procedure Code (CPC) 1908 Appeals

‘A’ files a petition in Delhi High Court under Article 226 of the Constitution for reinstatement in service and consequential benefits contending that an order of dismissal passed against him was illegal. The petition filed by ‘A’ was dismissed by Delhi High Court. Whether, ‘A’ -

Can thereafter file a fresh petition in the Supreme Court under Article 32 of the Constitution of India.

Cannot file a fresh petition in the Supreme Court under Article 32 of the Constitution of India but can institute a suit in a civil court because such suit would not barred by the Res-Judicata.

Can file either a fresh petition in the Supreme Court under Article 32 of the Constitution of India or can also institute a suit in Civil Suit as such petition under Article 32 or suit is not barred by the doctrine of Res-Judicata.

Cannot file a fresh petition in the Supreme Court under Article 32 of the Constitution nor can institute a suit in civil court as such petition or suit is barred by the Doctrine of Res-Judicata.

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Explanation:

Fresh petition under Article 32 and suit is barred by the Doctrine of Res-Judicata (The rule of Res- Judicata applies also to a petition filed under Article-32 of the constitution).