Whether the principle of ‘Res Judicata’ affects the jurisdiction of the court and if the order passed by a court without jurisdiction can operate as ‘Res Judicata’?
Hon’ble Apex Court had an occasion to come across with such question in which it has been held that “an order passed without jurisdiction would be a nullity. it will be a coram non-judice and non-est in the eye of the law, Principle of Res Judicata would not apply to such cases.
Union of India and others V/S Association of Unified Telecom Service Providers of India and Ors [reported in 201 1 (10) SCC 543]
Chief Justice of A. P. v/s. L.V.A. Dixitulu [reported in 1979 (2) SCC 34]
Union of India v/s. Pramod Gupta [reported in 2005 (12) SCC 1]
National Institute of Technology v/s. Niraj Kumar Singh [reported in 2007(2) SCC 481]