Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
AI Assist
Summary
Judgments, orders or decrees that deal with public matters relevant to the enquiry may be admitted as evidence. They are useful to show that an issue was considered or decided earlier. But they are not conclusive proof of the facts they state; the court may accept or reject their findings.
Example
Ravi sues Priya for trespass, and Priya claims a public right of way over the land. Priya produces an earlier decree from a different suit where the same right was raised in relation to the land. That earlier decree is relevant evidence that the issue was dealt with before, but it does not conclusively prove the right of way exists.
Bare Act
Enacted textJudgments, 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.
Illustrations
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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