Explanation IV of S.11 of Code of Civil Procedure, 1908 Explained by Supreme Court

Explanation IV of S.11 of Code of Civil Procedure, 1908 Explained by Supreme Court

Explanation IV of S.11 of Code of Civil Procedure, 1908 enacts a deeming fiction. As a result of the fiction, a matter which “might and ought” to have been made a ground of defence or attack in a former suit shall be deemed to have been a matter directly and substantially in issue in such a suit. In other words, Explanation IV is attracted when twin conditions are satisfied: the matter should be of a nature which might and ought to have been made a ground of defence or attack in a former suit.

Asgar v. Mohan Varma [2019] GCtR 6572 (SC)