Which of the following explanation of Section 11 of the Code of Civil Procedure, 1908 deals with…
Explanation IV to section 11 embodies constructive res judicata. A matter that might and ought to have been raised as a ground of attack or defence in the former suit is…
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Which of the following explanation of Section 11 of the Code of Civil Procedure, 1908 deals with constructive res judicata?
Answer and explanation
Correct answer B
Explanation IV to section 11 embodies constructive res judicata. A matter that might and ought to have been raised as a ground of attack or defence in the former suit is treated as having been directly and substantially in issue there. This prevents parties from avoiding finality by reserving a ground that they should have raised earlier.
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