Which of the following is a leading case of the Supreme Court of India on constructive Res-Judicata ?
Constructive res judicata comes from Explanation IV to section 11 of the Code of Civil Procedure, 1908: any matter "which might and ought to have been made ground of defence…
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Which of the following is a leading case of the Supreme Court of India on constructive Res-Judicata ?
Answer and explanation
Correct answer D
Constructive res judicata comes from Explanation IV to section 11 of the Code of Civil Procedure, 1908: any matter "which might and ought to have been made ground of defence or attack in such former suit" is deemed to have been directly and substantially in issue. In State of U.P. v. Nawab Hussain (1977), the Supreme Court applied it to bar a suit on a ground the plaintiff could have raised in his earlier writ petition, and the case is the leading Indian authority on the rule.
Henderson v. Henderson (1843) is the English origin of the principle, not a Supreme Court of India case. Satyadhyan Ghosal applies res judicata between stages of the same proceeding, and Daryao v. State of U.P. applies res judicata to writ petitions under Article 32.
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