Whether the principle of “Res Judicata” applies to the execution proceedings?
In view of Explanation VII to Section 11 of the Code of Civil Procedure, the principles of Res judicata apply to the execution proceedings. The Explanation reads as under:
Explanation VII: The provisions of this section shall apply to a proceeding for the execution of a decree and reference in this section to any suit, issue or former suit shall be construed as references, respectively, to a proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of that decree.
Whether the principle of “Res Judicata” applies to Public Interest Litigations?
The principle of Res judicata does not apply strictly to Public Interest Litigation because procedural laws are not fully applicable to Public Interest Litigation cases. Where the prior Public Interest Litigation relates to illegal mining, subsequent Public Interest Litigation to protect environment is not barred. [Rural Litigation and Entitlement Kendra V/s. State of Uttar Pradesh reported in 1988 AIR(SC) 2187].
Section-11 Explanation VI of C. P Code applies to Public Interest Litigation as well, but it must be proved that the previous litigation was Public Interest Litigation and not by way of private grievances. It must be a bonafide litigation in respect of a right in common and it must be agitated in common with others. Onus of proving the want of bonafide in respect of the previous litigation is on the party seeking to avoid the previous decision. (Forward Construction Co. V/s. Prabhat Mandal (reported in 1986 AIR(SC) 391)).
