Constructive - Resjudicata - fail to raise objection earlier =if the judgment debtor had the opportunity of raising an objection which if he could have raised earlier, but failed to take such a plea, that plea cannot be allowed to be taken at a later stage on the principal of constructive res judicata. In the present case petitioners had the opportunity of raising objection to the attachment of property when the order of conditional attachment was issued and notice was served on them to furnish security or to show cause against furnishing security. Petitioners did not raise any objection. They are therefore, precluded from raising objection to the attachment so far as the order of attachment before judgment is not null or void, in execution on the principle of constructive res judicata.-2015 s.c.(2008} msk lawreports

Constructive - Resjudicata - fail to raise objection earlier =if the judgment debtor had the opportunity of raising an objection which if he could have raised earlier, but failed to take such a plea, that plea cannot be allowed to be taken at a later stage on the principal of constructive res judicata. In the present case petitioners had the opportunity of raising objection to the attachment of property when the order of conditional attachment was issued and notice was served on them to furnish security or to show cause against furnishing security. Petitioners did not raise any objection. They are therefore, precluded from raising objection to the attachment so far as the order of attachment before judgment is not null or void, in execution on the principle of constructive res judicata.-2015 s.c.(2008) msk lawreports

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