M. NAGABHUSHANA v. STATE OF .KARNATAKA & Ors.

A been evolved to prevent such an anarchy. Thus, it is perceived that the plea of Res Judicata is not a technical doctrine but a fundamental principle which sustains the Rule of Law in ensuring finality in litigation. This principle seeks to promote honesty and a fair administratio'} of B justice and to prevent abuse in the matter of accessing court for agitating on issues which have become final between the parties. [Para 15) [449-G-H; 450-A-B]

1.3. While applying the principles of Res Judicata, the c court should not be hampered by any technical rules of interpretation. Therefore, any proceeding which has been initiated in breach of the principle of Res Judicata is prima-facie a proceeding which has been initiated in abuse of the process of the court. [Paras 20 and 21) [452- D E-G]

1.4. The principles of Constructive Res Judicata, as explained in explanation IV to Section 11 CPC, are also applicable to writ petitions. Thus, the attempt to re-argue E the case which has been finally decided by the court of last resort is a clear abuse ~f process of the court, regardless of the principles of Res Judicata. (Paras 27 and 28) [454-E-F] Direct Recruit Class II Engg. Officers' Assn. vs. State of F Maharashtra (1990) 2 SCC 715 - followed.