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For the purposes of res judicata under section 11 of the Code of Civil Procedure, 1908, how is a relief…

Explanation V to section 11 deems a relief claimed in the plaint and not expressly granted by the decree to have been refused for the purposes of that section.

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For the purposes of res judicata under section 11 of the Code of Civil Procedure, 1908, how is a relief claimed in the plaint but not expressly granted by the decree treated?

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Correct answer C

Explanation V to section 11 deems a relief claimed in the plaint and not expressly granted by the decree to have been refused for the purposes of that section.

Option feedback

Option A

Silence is treated as refusal for this statutory purpose.

Option B

There was no express grant and the statute does not deem one.

Option C

Explanation V deems the relief refused for the purposes of section 11.

Option D

The relief was claimed. The fiction concerns its disposition, rather than whether it was pleaded.

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