AIBE XVI — October 2021 — Q.35 (Code of Civil Procedure, 1908)

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Q.35

Code of Civil Procedure (CPC) Medium Section in Options

Bare Act Code of Civil Procedure, 1908 · Section 11, Explanation IV

Constructive res-judicata is contained in which of the following?

A Explanation III to Section 11

✓ Explanation IV to Section 11 Answer

C Explanation VI to Section 11

D Explanation VIII to Section 11

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Explanation & Strategy

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Constructive res judicata is contained in Explanation IV to Section 11 CPC. It provides that any matter which might and ought to have been raised as a ground of attack or defense in the former suit shall be deemed to have been directly in issue — even if not actually raised.

1 Pick up CPC.
2 Go to Section 11 — Res Judicata.
3 Read Explanation IV: constructive res judicata — matters that could have been raised are deemed raised.

At a Glance

Subject Code of Civil Procedure (CPC)

Difficulty Medium

Act Code of Civil Procedure, 1908

Section Section 11, Explanation IV

Answer (B) Section in Options

Paper AIBE XVI — October 2021

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