Allahabad High Court Dismisses Repeated Litigation by Amar Nath Dwivedi, Upholds Constructive Res Judicata

Court Emphasizes Finality in Litigation and Dismisses Intra Court Appeals as Abuse of Judicial Process

In a significant ruling, the Allahabad High Court, Lucknow Bench, dismissed two intra-court appeals filed by Amar Nath Dwivedi against the Union of India, affirming the principle of constructive res judicata. The Division Bench, comprising Chief Justice Arun Bhansali and Justice Jaspreet Singh, delivered the verdict on November 14, 2025, emphasizing the need for finality in litigation and the prevention of abuse of judicial processes.

The appeals arose from the dismissal of two writ petitions by a Single Judge on October 3, 2023, which Mr. Dwivedi contested. Appearing in person, Mr. Dwivedi argued that the Single Judge had failed to consider the reliefs sought in his writ petitions and overlooked several pertinent facts. However, the court found that Mr. Dwivedi had engaged in repeated litigation by reintroducing claims that were already adjudicated in prior proceedings, thereby invoking the doctrine of constructive res judicata.

The court applied the Henderson Principle, which is a facet of the broader doctrine of abuse of process, to conclude that Mr. Dwivedi's appeals were an attempt to relitigate issues that should have been raised earlier. This principle, as explained in the Supreme Court decision of Celir LLP v. Sumati Prasad Bagna, 2024 SCC Online SC 3727, prevents the fragmentation of disputes across separate proceedings to ensure judicial efficiency and fairness.

The bench noted that Mr. Dwivedi's claims regarding his employment with the U.P. Cooperative Spinning Mill's Federation Ltd. and his subsequent deputation were conclusively settled by the Supreme Court on March 2, 2017. Despite this, Mr. Dwivedi continued to file multiple writ petitions and appeals, all of which were dismissed, including his review petitions.

The High Court reiterated that litigation must be conducted in good faith and discouraged piecemeal litigation. It held that Mr. Dwivedi's actions constituted an abuse of the judicial process, and his claims were barred by the principles of constructive res judicata as outlined in Section 11 of the Civil Procedure Code, 1908.

Ultimately, the court dismissed the intra-court appeals without imposing costs, underscoring the importance of finality in legal proceedings and the avoidance of unnecessary judicial burdens.

Bottom Line:

Repeated litigation and invoking constructive res judicata principles - Court dismissed intra court appeals as claims raised were already adjudicated in earlier proceedings, emphasizing abuse of judicial process and finality of litigation.

Statutory provision(s): Civil Procedure Code, 1908 Order 2 Rule 2, Civil Procedure Code, 1908 Section 11, Section 340 Cr.P.C.

Amar Nath Dwivedi v. U.O.I., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2809543