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Where can the principle of res judicata apply in Indian civil dispute resolution if the requirements…

Section 11 of the Code of Civil Procedure, 1908 governs res judicata in suits, and Explanation VII applies it to execution proceedings. The Supreme Court recognized the…

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Where can the principle of res judicata apply in Indian civil dispute resolution if the requirements for preclusion are met?

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Correct answer A

Section 11 of the Code of Civil Procedure, 1908 governs res judicata in suits, and Explanation VII applies it to execution proceedings.

The Supreme Court recognized the principle in arbitration in K.V. George v. Secretary to Government. Section 19(1) of the Arbitration and Conciliation Act, 1996 frees tribunals from the Code’s procedural rules. It does not abolish the principle of finality, which section 35 also reflects.

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Option A

Section 11 applies to suits and execution proceedings. The underlying principle can also apply in arbitration.

Option B

Explanation VII to section 11 extends its application to execution proceedings, and courts have also recognized the principle in arbitration.

Option C

The underlying principle can also apply in arbitration even though arbitral tribunals are not bound by the Code’s procedural rules.

Option D

Section 11 governs civil suits and expressly extends to execution proceedings.

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