Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
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Summary
Judgments, orders or decrees not falling under section 35 are admissible when they concern public matters that are relevant to the inquiry. They may be used as evidence but do not conclusively prove the facts they state. The court can consider them along with other evidence.
Example
Ravi sues Karan for trespass on his land. Karan claims a public right of way and points to a decree in an earlier suit by Ravi against Sneha that upheld the same right. That earlier decree is relevant evidence but is not conclusive proof that the right of way exists.
Bare Act
Enacted textJudgments, orders or decrees other than those mentioned in section 35 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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