Constructive Res Judicata--CPC Section 11 Explanation IV--Doctrine Cannot Bar Title Claim When No Occasion Existed In Earlier Proceedings To Assert It
Constructive res judicata under Section 11 CPC, read with Explanation IV, bars a party from raising in a later suit any ground that "might and ought" to have been raised in earlier proceedings. The doctrine applies even if the omission happened due to negligence, inadvertence, or accident — the party bears the consequence. But — and this is the important part — its application is not mechanical. It depends on the facts of each case. The court must examine whether there was any real occasion, in the earlier litigation, to raise the ground now being urged. If no such occasion existed, the doctrine cannot be invoked.
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