Law: Civil Procedure Code (V of 1908)

Section: 11 , 115

  Civil Procedure Code (V of 1908)--- ----OXXI, R.23; Ss.11 & 115---Execution proceedings---Principle of res judicata and subsidiary principles of constructive res judicata are applicable to execution proceedings---Petitioner/judgment-debtor took objection to executability of decree on ground that his parentage in suit was recorded as "AD" whereas his actual parentage was  7'A.K."  and  that  there  was  no  property  at  the  spot  within  the  boundaries  specified  by decree-holder/respondent---Executing Court dismissed objection application for the reason that petitioner having not raised such objection either before Trial Court or in Appellate Court had raised the same before High Court where it was turned down---Petitioner's appeal against dismissal of his objection application was also dismissed---Legality---Both Courts below had correctly observed that petitioner had failed to raise such objection in pleadings or during protracted litigation pending in Trial Court or before Appellate Court but raised it only in High Court in revision which was not entertained---Failure of petitioner to raise objection qua the description of wrong parentage either before Trial Court or the Appellate Court would debar him under the doctrine of constructive res judicata from raising such objection in execution petition particularly when such objection had been turned down by High Court in exercise of its revisional jurisdiction in first round of litigation-- Principle of res judicata and the subsidiary principles of constructive res judicata are applicable to execution proceedings. Res judicata--- ----Principle of---Principle of res judicata and the subsidiary principles of constructive res judicata are applicable to execution proceedings. Genda Lal v. Hazarilal A I R 1936 All. 21 rel. Civil Procedure Code (V of 1908)--- ----OXXI, R.23, Ss.115 & 11--Courts below were correct to have not entertained objection to execution of decree because objections raised were hit by the principle of res judicata---Revision against dismissal of objection application was not…