Res Judicata -- Constructive Res Judicata -- Need to raise issue in earlier proceedings is key factor
Civil Procedure Code, 1908, S.11-- Resjudicata -- 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 -- Held; 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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