Failure on part of Judgment Debtor to take objection with regard to validity of order of attachment at earliest point of time would amount to constructive res judicata - Not open to judgment debtor to raise objection with regard to validity of order of attachment at time of sale.

Citation

1996 (1) CTC 479 (Mad)

IN THE HIGH COURT OF MADRAS

Jagadeesan, J.

C.R.P.No.3487 of 1995.

Chinnasami

Natarajan

February 27, 1996

...Petitioner

...Respondent

Code of Civil Procedure, 1908, Sections 60(1)(c) Explanation IV-constructive res judicata Applicable to Execution Proceedings- Failure on part of Judgment Debtor to take objection with regard to validity of order of attachment at earliest point of time would amount to constructive res judicata - Not open to judgment debtor to raise objection with regard to validity of order of attachment at time of sale. (Para 5)