Constructive res judicata bars belated execution objections after completion of the preliminary notice stage.

Objections raised by a judgment-debtor after the executing court had crossed the Order XXI Rule 22 stage and moved towards attachment were held barred by constructive res judicata. Once the preliminary stage in execution is completed without challenge, the court may proceed under Order XXI Rules 23 and 24, and orders made at that stage attain finality unless set aside in appeal. The principle of res judicata applies to successive stages of the same proceeding as well as separate proceedings, preventing re-agitation of matters that were, or ought to have been, decided earlier. The subsequent objections were therefore not entertainable.

---

---

Issues: Whether objections raised by the judgment-debtor after the executing court had proceeded beyond notice under Order XXI Rule 22 and moved to attachment could still be entertained, or were barred by constructive res judicata.

Analysis: Order XXI Rule 22 marks the completion of a preliminary stage in execution. If no objection is raised after notice, or if the stage is allowed to conclude without challenge, the executing court may proceed to attachment under Order XXI Rules 23 and 24. Orders passed at that stage attain finality and bind the parties at later stages unless set aside in appeal. The principle of res judicata applies not only between separate proceedings but also between successive stages of the same proceeding, preventing re-agitation of matters that were or ought to have been decided earlier.

Conclusion: The subsequent objections were barred by constructive res judicata and were not entertainable.

---