Constructive res judicata bars belated jurisdictional objections in execution proceedings where the issue could have been raised earlier.

Constructive res judicata applies in execution proceedings, so a judgment-debtor who had earlier opportunities to object to the executing court's jurisdiction, but did not press the objection and allowed earlier orders to attain finality, cannot reopen the same challenge later between the same parties. A jurisdictional objection is not exempt where it could and ought to have been raised in the earlier execution stages. The objection to the second execution proceedings therefore failed.

---

---

Issues: Whether the judgment-debtor was barred by constructive res judicata from challenging the executing court's jurisdiction to entertain the second execution proceedings after failing to raise that objection at the earliest stages and after earlier orders on the same execution process had become final.

Analysis: The decree had been transferred to the transferee court for execution, notices had been served, and the judgment-debtor had several opportunities in the execution proceedings and connected miscellaneous proceedings to object that the court lacked jurisdiction after the earlier certificate had been sent to the court that passed the decree. The objection was raised in some proceedings but was not pressed, and in later proceedings it was omitted altogether. Those earlier orders and dismissals became final between the parties. The principle applied was that res judicata, including its constructive form, extends to execution proceedings, and a matter which could and ought to have been raised in the earlier stages cannot be reopened later merely by characterising it as a jurisdictional objection.

Conclusion: The judgment-debtor was barred by constructive res judicata from reopening the objection to jurisdiction, and the objection to the execution proceedings failed.

Ratio Decidendi: An objection which could and ought to have been raised in earlier execution proceedings, and which was either abandoned or allowed to become final, cannot later be reopened in subsequent proceedings between the same parties, even if framed as a challenge to the executing court's jurisdiction.

---