A sues B for rent B pleads abatement of rent on the ground that the area is less than that entered i...........

Civil Procedure Code (CPC) 1908 Res Subjudice and Resjudicata

A sues B for rent; B pleads abatement of rent on the ground that the area is less than that entered in the lease. The court finds that the area is greater than that shown in the lease.

The finding as to the excess area is not res judicata for it is only ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less

The finding as to the excess area is res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less

The finding as to the excess area is not res judicata for it is ancillary to the direct and substantial issue wheth¬er the area is equal to that shown in the lease; or less

None of these

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Explanation:

The finding as to the excess area is not res judicata for it is only ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less