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What is 'constructive res judicata' as explained in Explanation IV to Section 11 of the CPC?
Answer & Solution
Correct answer: B.
1. **Constructive res judicata** is the doctrine provided for in **Explanation IV to Section 11** of the CPC.
2. According to Explanation IV: **'Any matter which might or ought to have been made a ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such former suit.'**
3. So the bar applies not only to issues that **were** actually raised but also to issues that **ought to have been** raised. A party cannot reserve a defence or attack for a future suit; if it could have been raised in the earlier suit, it is deemed to have been in issue.
4. The rule prevents abuse of process by piecemeal litigation of the same dispute.
_Source: ICSI CS Executive — Lesson 8, Explanation IV to Section 11, p. 181._
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