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The Delhi High Court has recently delivered an important judgment that sheds light on the principle of constructive res judicata , affirming that this doctrine applies even in writ proceedings under Article 226 of the Indian Constitution. This decision not only clarifies a legal grey area but also reinforces the importance of bringing all relevant claims in the initial round of litigation. What is Constructive Res Judicata? Before diving into the case, let’s first understand what constructive res judicata means. While res judicata generally prevents a party from re-litigating a matter that has already been judicially decided, constructive res judicata goes a step further. It bars matters that could and should have been raised in the earlier proceedings but were not. In simple terms, if a party had the chance to raise a particular issue in the first case but chose not to, they can’t bring it up in a later proceeding. This doctrine is embedded in Explanation IV of Section 11 o...