lsquo P rsquo sues lsquo D rsquo for a declaration that he is entitled to certain property as an he...........

Civil Procedure Code (CPC) 1908 Res Subjudice and Resjudicata

‘P’ sues ‘D’ for a declaration that he is entitled to certain property as an heir of ‘H’. The suit is dismissed. ‘P’ files another suit for injunction on the ground that he had become an owner of the property by the adverse possession. The subsequent suit is -

Barred by the doctrine of direct Res-judicata

Not barred by the doctrine direct Res-judicata

Barred by the doctrine of constructive Res-judicata

Not barred by the doctrine of constructive Res-judicata

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Explanation:

The subsequent suit filed by ‘P’ for injunction – this ground was available to ‘p’ even at the time of previous suit but was not taken at that time and therefore, subsequent suit barred by constructive Res- judicata.