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    Question

    Under Explanation IV to Section 11 of CPC (Constructive

    Res Judicata), which of the following statements is correct? 
    A Only matters actually raised in the former suit operate as res judicata Correct Answer Incorrect Answer
    B Matters which might or ought to have been made ground of defence or attack are deemed to have been in issue Correct Answer Incorrect Answer
    C New causes of action arising after the former suit can be raised Correct Answer Incorrect Answer
    D Subsequent suits on different causes of action are always barred Correct Answer Incorrect Answer
    E The doctrine applies only if parties specifically pleaded all matters Correct Answer Incorrect Answer

    Solution

    IV to Section 11 CPC embodies the principle of "constructive res judicata" which provides: "Any matter which might and ought to have been made ground of defence or attack in such former suit shall, for the purposes of this section, be deemed to have been a matter directly and substantially in issue in such suit". This prevents parties from splitting their case by not raising all available grounds in the first suit.

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