Code of Civil Procedure, 1908–Sec. 11–Res judicata–Applicability–For apply of res judicata, the matter directly and substantially in issue in the subsequent suit must be the same matter which was directly and substantially in issue in the former suit–Further, the suit should have been decided on merits and the decision should have attained finality–Where the former suit is dismissed by the trial Court for want of jurisdiction or for default of the plaintiff’s appearance or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the part of the plaintiff to produce probate or letter of administration or succession certificate, when the same is required by law to entitle the plaintiff to a decree, or for failure to furnish security for costs, or on the ground of improper valuation, or for failure to pay additional Court Fee on a plaint which was undervalued, or for want of cause of action or on the ground that it is premature and the dismissal is confirmed in appeal (if any), the decision not being on merits, would not be res judicata in a subsequent suit.
