CHHAKODILAL SAKET Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an appeal against the order dated 13-11-2006 passed by the learned single Judge in Writ Petition No. 15413/2006.

(2.) BY the said order dated 13-11-2006, the learned Single Judge dismissed the writ petition on the ground that father of the appellant had earlier filed W. P. No. 5928/2006, which was dismissed for non-prosecution on 18-7-2006 and the reliefs claimed in the earlier petition and in the instant W. P. No. 15413/2006 were the same.

(3.) IN Daryao and others Vs. State of U. P. (AIR 1961 SC 1457), the supreme Court has held that if a writ petition is dismissed in limine and an order is passed in that behalf, whether or not the dismissal would constitute a bar would depend upon the nature of the order and if the order is on the merits it would be a bar, but if the order shows that the dismissal was for the reason that the petitioner was guilty of laches or that he had an alternative remedy it would not be a bar, except in some cases.