Res Judicata--Constructive Res Judicata--Declaration of Title--Omission to Seek Title Declaration in Earlier Injunction Suit Where Ownership Was Disputed Bars Subsequent Suit
A subsequent suit for declaration of title is barred under Explanation IV to Section 11 CPC, read with Order II Rule 2 CPC, if the plaintiff omitted to seek such declaration in an earlier suit for permanent injunction where title was already in dispute. Once ownership is contested in the primary suit, it becomes incumbent upon the plaintiff to seek declaration of title along with injunction in the same proceedings. A matter that could and ought to have been raised in earlier proceedings is deemed directly and substantially in issue therein and cannot be re-agitated by way of a subsequent suit.
