AIR 1966 SUPREME COURT 1332

Supreme Court Of India

(From Allahabad)*

Hon'ble Judge(s): P. B. Gajendragadkar, K. N. Wanchoo, V. Ramaswami, P. Satyanarayana Raju , JJJ

(A) Civil P.C. (5 of 1908) , S.11— Competency of Court trying former suit. It is the Court which decides the former suit whose jurisdiction to try the subsequent suit has to be considered and not the Court in which the former suit may have been filed.(Para 11) (B) Civil P.C. (5 of 1908) , S.11— Heard and finally decided - Decision in former suit when is not on merits. In order that a matter may be said to have been heard and finally decided, the decision in the former suit must have been on the merits. Where, for example, the former suit was dismissed by the trial Court for want of jurisdiction, or for default of plaintiff's appearance, or on the ground of non-joinder of parties or misjoinder 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 of produce probate or letters 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 ....