The word lsquo might rsquo given under Explanation IV to Section 11 CPC pre supposes the party affec...........

Civil Procedure Code (CPC) 1908 General Suits

The word ‘might’ given under Explanation IV to Section 11 CPC, pre-supposes the party affected had knowledge of the ground of attack or defence at the time of the previous suit. Whereas, ‘ought’ compels the party to take such ground. The word between the above two terms must be read as –

Conjunctive (and)

Disjunctive (or)

Conjunctive (and) only and not Disjunctive

Disjunctive (or) only and not Conjunctive

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Explanation:

The word ‘and’ is given between the terms ‘might’ and ‘ought’ under explanation IV to Section 11 CPC, [It must be read as conjunctive (and) not disjunctive (or) C.K.Takwani – chapter 2, Page 85].