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Bharatiya Sakshya Adhiniyam

(BSA)

Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

Chapter 2: RELEVANCY OF FACTS

Section: 36


36.  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.

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