Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
Chapter 2: Relevancy of facts
Judgments, 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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 34Previous judgments relevant to bar a second suit or trialEvidence Act 40
- 35Relevancy of certain judgments in probate, etc., jurisdictionEvidence Act 41
- 37Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevantEvidence Act 43
- 38Fraud or collusion in obtaining judgment, or incompetency of Court, may be provedEvidence Act 44