In order that a matter may be said to have been heard and finally decided the decision in the former...........

Civil Procedure Code (CPC) 1908 Institution of Suits

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 merits. Which of the following decisions are not on merits and res-judicata not operate in subsequent suit? Where the -

Former suit was dismissed by a court for want of jurisdiction.

For the default of plaintiff’s appearance.

On the ground of non-joinder or misjoinder of parties.

All of the above

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Explanation:

In all statements - the decision is not being on merits and therefore, would not operate res-judicata in a subsequent suit – [State of Maharashtra vs. National Construction Co., (1996) I SCC 735].