Q1371
A filed a suit against B seeking three reliefs. The matter was decreed in A's favour and the first relief was partially granted to A. The decree was silent as to the other two reliefs. Can A file a second suit in the same matter seeking the further two reliefs?
A.
No, the bar of res judicata will apply
AnswerB.
Yes, the bar of res judicata will not apply since the court did not address these reliefs
C.
Yes, because it will be assumed that the plaintiff was not given a fair hearing
D.
The Court has to determine, on a case by case basis, whether by not addressing the reliefs in the first case, the plaintiff was denied a fair hearing. If the Court determines that the plaintiff was denied a fair hearing, then a second suit is permitted
Answer: Option A
Solution
Answer: Option A
No explanation is given for this question Let's Discuss on Board