Res Judicata -- Constructive Res Judicata -- No occasion to raise issue in earlier proceedings -- Doctrine does not operate to bar later suit
Civil Procedure Code, 1908, S.11 -- Res Judicata -- Constructive Res Judicata -- It is not sufficient 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. 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. Omission of a ground due to negligence, inadvertence, or accident, however, does not save a party from the bar.
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