State of U.P. v. Nawab Hussain, 1977 SCR (3) 428 relates to Constructive res judicata. Constructive res judicata is a artificial form of res judicata-It provides that if a plea could have been taken by a party in a proceeding between him and his opponent, he should not be permitted to take that plea against the same party in a subsequent proceeding with reference to the same subject-matter.
Constructive res judicata is contained in Explanation IV to Section 11 of the Code of Civil Procedure.