A suit is dismissed wrongly on the ground of being barred by limitation. The order of dismissal would operate as res judicata and bar a subsequent suit on the same cause of action.

Option A: The above statement is true

Option B: The above statement is false

Option C: It would depend upon the facts and circumstances of each case

Option D: None of these

Correct Answer

Option: a

Explanation

Decision in following cases can not be a bar to the filing of further suit. If a suit is dismissed for want of jurisdiction or want of cause of action, If a suit is dismissed because of limitation period. If a suit is dismissed as being premature. If a suit is dismissed for improper valuation. If a suit is dismissed for want of jurisdiction. If a suit is dismissed for not appearing plaintiff

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