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Priniciple of constrcutive res judicata

If after service of notice, judgement debtor fails to raise an objection which he might and ought to have raised at that stage, court in passing the order for execution of decree must be deemed to have decided said objection againt him.
Baijnath Prasad Sah vs Ramphal Sahni And Anr. on 24 October, 1961
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