Multiple choice

The provisions of res judicata also apply to the execution proceedings of a decree.

  1. True

  2. False

  3. Only applies to the suit

  4. Not applicable if objection is raised by JDR
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A Correct answer
Explanation

Option (1) is correct: The starting words of Section 11 of the Code of Civil Procedure state that no court shall try any suit or issue, which means it includes suit and all other issues including executing proceedings also. Option (2) is incorrect: Provisions of res judicata also apply to the execution proceedings of a decree. Option (3) is incorrect: Res judicata doesn’t apply only to suits, but to other issues also. Option (4) is incorrect: No such provision.

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