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?
1
No, the bar of res judicata will apply.
2
Yes, the bar of res judicata will not apply since the court did not address these reliefs.
3
Yes, because it will be assumed that the plaintiff was not given a fair hearing.
4
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.