section 11 of c.p.c

Querist : Anonymous (Querist) 22 February 2011 This query is : Resolved
what is the mening of principle of constructive res-judicata ?

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Kirti Kar Tripathi (Expert) 23 February 2011
that any matter which might or ought to have been made a ground of defence or attack in the fromer suit shall be deemed to have been a matter constructively in issue in that suit. Thus if a matter which might and ought to have been raised by the plaintiff in the former suit is not raised by him there he would be estoppedfrom raising the same questionin in a subsequent suit between the same parties. Similarly where a defendant did not raise all the objections which he might and ought have been raised in the former litigation controvating the plaintiff's claim, he wiil be barred from raising them in a subsequent suit between the same parties. This a general principle of law based on equity and forbid multiplicity of suits.

s.subramanian (Expert) 23 February 2011
Yes. I fully endorse the view of Mr.Tripathi.

Basavaraj (Expert) 23 February 2011
yes I also agree with Tripathi

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