"Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused" This provision is incorporated in :

Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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"Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused" This provision is incorporated in :

A: Section 11, Explanation II

B: Section 11, Explanation III

C: Section 11, Explanation IV

D: Section 11, Explanation V

The answer is: D

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Explanation

The correct option is D: Section 11, Explanation V.

This provision is incorporated in Section 11 of the Code of Civil Procedure, 1908, which deals with the doctrine of res judicata. Res judicata means that a matter that has been finally decided by a competent court cannot be reopened in a subsequent suit between the same parties.

Explanation V states that any relief claimed in the plaint, which is not expressly granted by the decree, shall be deemed to have been refused for the purposes of this section. This means that the plaintiff cannot claim the same relief again in a subsequent suit, as it would amount to reopening the same issue.