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
B. 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
This Question Belongs to Law >> Code Of Civil Procedure
Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-
A. The suit is for recovery of property
B. Set-off claimed by the defendant is ascertained sum of money
C. Value of property recoverable is less than rupees two lacs
D. Defendant presents a written statement of the suit
A. Is barred under all circumstances
B. Is not barred at all
C. Can be filed with the leave of the court
D. Either B or C
A. Such property actually received or might have received together with interest
B. Property actually received including profits due to improvements made by such person
C. Such property actually received or might have received but without any interest on such profits
D. Such property actually received
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