Article 310

The application shall be dismissed where:

the applicant is not qualified to make the application;

the application is not made in the form or within the time specified by this Code for the commencement of proceedings; or

the court considers that the subject matter of the application cannot be properly determined in the manner hereinafter provided for.

The dismissal of the application shall not be res judicata, but shall be a bar to the making of a fresh application on the same grounds.