Article 5 — Res judicata

(I) NO court shall try any suit or issue in which the matter directly and substantially in issue has b~\.:'ndirectly and substantially in issue in a fonner suit between the same parties, or between par- ties under whom they or any of them claim, litigating under the same title, and has been heard and finally decided. (1) Any matter which might and ought to have been made a ground of defence or attack in the fonner suit shall be deemed to have been directly and substantially in issue in such suit. (3) Any relief claimed in the former suit which has not been expres- ly granted by the decree passed in such suit shall, for the pur- poses of this Article, be deemed to have been refused. (4) Where persons litigate in good faith in respect of public or pri- vate rights claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this Article, be deemed to claim under the persons so litigating.