constructive Res Judiceta

IN THE CASE OF WORKMEN,C P  trustV BOARD OF TRUSTEES, THEUPREME COURT EXPLAINED THE PRINCIPLE OF CONSTRUCTIVE RESJUDICATA.kindly go through the judgment--AIR1978SC1283

Constructive res judicata term not applied in filing of writ petition.

what is constructive res judicata

Explanation IV to Section11 of the C.P.c. says tthat any matter which might or ought to have been made a ground of defence or attack in the fromer suit shall be deemed to have been a matter constructively in issue in that suit. Thus if a matter which might and ought to have been raised by the plaintiff in the former suit is not raised by him there he would be estoppedfrom raising  the same questionin in a subsequent suit between the same parties. Similarly where a defendant did not raise all the objections which he might and ought have been raised in the former litigation controvating the plaintiff's claim, he wiil be barred from raising them in a subsequent suit between the same parties.

Principle of res judicata can be found on general principle of law.

Constructive res judicata- Meaning - A.I.R.1977 SC1680.

Order II Rule 2 of CPC and the xplanation appended to section 11 are constructive resjudicata.  In constitutional matters the constructive resjudicata is not strictly applicable