Explanation:

No court shall try any, suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties. But the doctrine of res judicàta belongs to the domain of procedure: it cannot be exalted to the status of a legislative direction between the parties so as to determine the question relating to the interpretation of enactment affecting the jurisdiction of a Court finally between them, even though no question of fact or mixed question of law and fact and relating to the right in dispute between the parties has been determined thereby. A question relating to the jurisdiction of a Court cannot be deenzed to have been finally determined by an erroneous decision of the Court. If by an erroneous interpretation of the statute the, court holds that it has no jurisdiction, the decision will not, operate as res judicata. [Ma thura Frasad BajooJaiswal . Ors vs Dossibal N B. Jeejeebhoy)