AIR 1960 ORISSA 197 ::26 CutLT 311 ::ILR (1961) Cut 9

Orissa High Court

Hon'ble Judge(s): R. L. Narasimham , C.J. AND S. B. Barman, J. K. Misra , JJ

Civil P.C. (5 of 1908) , S.11— Execution proceedings - Principle of res judicata applies - Objection as to maintainability of execution not raised in prior proceedings - Bar of constructive res judicata applies. Sec. 11, C.P.C., is not exhaustive on the question of res judicata and its principle applies to execution proceedings also.(Para 5) Thus, an objection as to jurisdiction of executing Court raised and finally decided in a prior execution would be barred by res judicata in subsequent execution irrespective of whether the decision was erroneous in law or not.(Para 6) So also, an objection that the decree is not executable or is barred by limitation, which ought to have been raised but not raised in prior execution, will be barred by the principle of constructive res judicata : AIR 1953 SC 65, Rel. on.(Para 7) .....