The Supreme Court held that if a person files an injunction suit where ownership (title) is already disputed but fails to claim declaration of title at that time, they cannot later file a separate title suit. Such a later suit will be barred by the principle of constructive res judicata.
The Supreme Court ruled that a subsequent title suit is not maintainable if the plaintiff had an opportunity to raise the issue of title in an earlier injunction suit but failed to do so.
The Court applied the doctrine of constructive res judicata, which means that any issue that could and should have been raised in an earlier proceeding is deemed to have been decided and cannot be raised later.
Under Section 11 of the CPC, this doctrine ensures finality in litigation and prevents multiple suits on the same matter. If the title of property was already under dispute in the earlier injunction suit, the plaintiff was expected to seek declaration of title at that stage itself.
By omitting it, the plaintiff is considered to have abandoned that claim, and filing a fresh title suit later is barred.
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