re-agitation of constitutional rights

Guest (Querist) 20 April 2010 This query is : Resolved
wether any principle of res judicata can be applied in a case involving claim guaranteed under part third of constitution of india.
can a person be estopped from re-agitating an issue involving infringement of his fundamental rights?
sir can a claim under article 14 & 16 be agitated again if they were in issue in an earlier petition but not considered and decided by court?

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Raj Kumar Makkad (Expert) 20 April 2010
Definitely he can agitate because no finding was given in the earlier petition. Otherwise also fundamental rights, if infringed in a different situation give rise fo separate cause of action and agitation against the same cannot be hit by section 11 of CPC.

Guest (Querist) 20 April 2010
sir please help me. Is there any citation with similar issue as stated above?

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