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Wednesday, March 5, 2014

Section 42 of Evidence Act.

Section 42- Relevancy and effect of judgments, orders or decree, 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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