Question

Constructive res-judicata is contained in which of the following?

• A. Explanation III to Section 11
• B. Explanation IV to Section 11
• C. Explanation VI to Section 11
• D. Explanation VIII to Section 11

Hint:

Think of Constructive Res Judicata (Explanation IV to S.11) as the "should have" rule. If you had a chance to raise an issue in the first case but didn't, you are barred from raising it in a second case.

Answer 1

The Correct Option is B

The principle of 'res judicata' (Section 11 of CPC) bars the trial of a suit or issue which has already been finally decided in a previous suit. Constructive res judicata is an extension of this principle. It is contained in Explanation IV to Section 11. It states that any matter which *might and ought* to have been made a ground of defence or attack in the former suit shall be deemed to have been a matter directly and substantially in issue in such suit. This means a party cannot raise a claim or defence in a second lawsuit that they should have raised in the first one. It prevents parties from litigating the same cause of action piecemeal.