Under that which was held in Allstate Insurance Co. v. Dobbs, 134 Ga. App. 225 (213 SE2d 915), a dismissal under the provisions of Section 41 (e) of the Civil Practice Act (Code Ann. § 81A-141; Ga. L. 1966, pp. 609, 653) is not on the merits and may be refiled within six months of such dismissal. Code § 3-808, as amended, Ga. L. 1967, pp. 226, 244.

The overruling of the motion in the case sub judice was not error.

Judgment affirmed.