CPC, 1908, S.11 -- Res Judicata -- Constructive Res Judicata
It is not enough that a ground could have been raised in earlier proceedings. It must also be shown that it ought to have been raised — meaning a party exercising reasonable diligence would have raised it at that stage. This is the governing standard under Section 11 of the Code of Civil Procedure, 1908, read with Explanation IV. Where no occasion existed in earlier proceedings to assert a particular right, the doctrine of constructive res judicata will not operate to bar a later suit raising that right. At the same time, it is a settled position that omission of a ground due to negligence, inadvertence, or accident does not save a party from the bar.
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