LawgistThe Indian Evidence Act
42Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
Judgments, orders or decrees other than those mentioned in section 41 are relevant if they relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not conclusive proof of that which they state.
Illustration
A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies.
The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.
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JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
- 40 Previous judgments relevant to bar a second suit or trial
- 41 Relevancy of certain judgments in probate, etc., jurisdiction
- 42 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
- 43 Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant
- 44 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
