What new does Explanation VII adds to section 11 of Code of Civil Procedure ........

Civil Procedure Code (CPC) 1908 Execution

What new does Explanation VII adds to section 11 of Code of Civil Procedure?

It applies in express terms the provisions of this section to execution proceedings

It provides an artificial construction by laying down that references in the section to any suit for the execution of the decree

Both (A) and (B)

None of these

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Explanation:

- Option 1: It indicates that Explanation VII applies the provisions of Section 11 of the Code of Civil Procedure explicitly to execution proceedings. This means that the principles of res judicata, which prevent the re-litigation of issues, also extend to the stages of executing court decrees.

- Option 2: Suggests that Explanation VII provides an artificial construction by stating that references in Section 11 to any suit shall include references to any proceedings for the execution of a decree. In simpler terms, execution proceedings are to be treated similarly to new suits regarding res judicata.

- Option 3: Both (A) and (B): This option argues for the inclusion of both applications to execution proceedings and the interpretation of how references should be constructed, essentially combining the first two options.

- Option 4: None of these: This suggests that Explanation VII does neither of the above.

The correct option is:

Option 3: Both (A) and (B)