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What is Understanding Constructive Res Judicata about?
The rule of constructive res judicata provides that if a plea could have been taken by a party in a previous proceeding, they should not be allowed to raise that plea in a subsequent proceeding regarding the same subject matter. This helps prevent harassment through repeated litigation and ensures the finality of court judgments. The Supreme Court has explained that the principle of constructive res judicata applies not just to matters explicitly decided, but also matters that were implicitly decided or oug
- Author
- Vardhaman Pandey
- Language
- EN