Constructive res Judicata--Matter which might or ought
to have been raised in an earlier proceeding not raised--If
principle of constructive res judicata applicable ... rely upon the general doctrine of res
judicata, as the only ground on which res judicata could be
urged in a suit could
learned counsel for
the appellant that the principles of res-judicata and con-
structive res-judicata are not applicable to the award made
in Arbitration ... Civil Procedure
shall apply to arbitration proceedings, the principles of
res-judicata or of constructive res-judicata will apply to
arbitration proceeding. The appellantcontractor having
Second Appeal.
26
31)Res-judicata and Code of Civil Procedure :- It is well known that the
doctrine of res- judicata is codified in Section ... res-judicata. A plea
decided even in suit for injunction touching the title between the same
parties, would operate as res judicata
respondents in
this Court that the appeal was barred by res-judicata in
that the appellant did not file an appeal against the
judgment ... res-judicata would emerge. [643 B]
(c) One of the tests in deciding whether the doctrine of
res-judicata applies to a particular case
res-judicata or constructive res judicata. If
that be so one fails to understand how the second
Application was barred by principles of res-judicata ... Under such circumstances no question arises
of their being any res-judicata or constructive
res-judicata.
At this stage it must be mentioned that
parity. It is
submitted that the appeals are barred by
res-judicata or principles of
res-judicata."
10. It has not been denied that ... these are not exhaustive
of the general doctrine of res-judicata.
Legal principles of estoppel and
res-judicata are equally applicable in
proceedings before administrative
many other situations also
Principles not only of direct res-judicata but of
constructive res-judicata are also applied, if by any
judgment or order ... res-judicata and bars the trial of an
identical issue in a subsequent proceedings
between the same parties. The Principle of res-
judicata comes into
plaintiff to perform her obligation under the contract would operate as res-judicata. Counsel further contended that the suit is patently barred by time inasmuch ... res-judicata, counsel contended that the earlier suit was dismissed being not maintainable and thus, any finding recorded therein cannot operate as res-judicata
judgment the Privy Council traced the
principle of Res-judicata from the Old Hindu Text of
Katyayana. Res-judicata was also expounded in Greek
custom ... Res-judicata is entirely consistent
with the rule of the Civil Law'.
63.Paul A. McDermott in his famous treaties on Res-
judicata
Dasi and her
sister, Subasini Dasi were barred by res-judicata.
346
The bar of res-judicata is pleaded as follows Certain other
plots ... stage, after contest, the decision will operate as res-
judicata.
For an earlier decision to operate as res-judicata it has
been held by this
