Judgement as conclusive proof | A sues B for trespass on his land…Is the existence of decree in favour of the defendant (C), in a suit by A against C for a trespass on the same land…relevant or conclusive proof that right of way exists?

Question: Judgement as conclusive proof | A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. Is the existence of decree in favour of the defendant (C), 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, relevant or conclusive proof that right of way exists? [W.B.J.S. 1997]

Find the answer to the mains question only on Legal Bites. [Judgement as conclusive proof | A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. Is the existence of decree in favour of the defendant (C), 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, relevant or conclusive proof that right of way exists? [W.B.J.S. 1997]]

Answer

Section 42 of the Indian Evidence Act talks about the relevancy and effect of Judgments, order, or decrees other than those mentioned in Sec. 41 are relevant if they relate to matters of a public nature relevant to the inquiry but such judgments, etc. are not conclusive proof of that which the state.

“Judgments on such matters are relevant to every case or proceeding in which the matter is again in question, but shall not be conclusive proof of the matter.”

Judgments, orders or decrees other than those mentioned in Section 41 are relevant if they relate to the matters of public nature, but such judgments, orders or decrees are not conclusive proof of that which they state. Under Section 42 judgments are admissible not as res judicata but as evidence although they may not be between the same parties provided they relate to matters of public nature relevant to the enquiries.

Judgments inter-parties are relevant under Section 40, they are conclusive and bar subsequent proceedings and Judgment, in rem though not inter-parties are admissible under Section 41 and are conclusive for any legal character.

However; Judgments are neither inter-parties nor in rem axe relevant under Section 42 if they relate to matters of public nature and if that matter of public nature is relevant to the enquiries. But it should be remembered that judgments relating to matters of public nature relevant under Section 42 neither work as res judicata nor are conclusive as judgments in rem. They can be used as any other evidence in the proceeding.

Section 42 is intended for judgments, orders or decrees which relate to matters of public nature. Under this section, the judgments are admitted as a piece of evidence.

Under Sections 40 and 41 judgments are admitted as conclusive proof about the matters they relate to. But under this section judgment is admitted as a piece of evidence. On a question of custom, a decision in a case as regards the existence or non-existence of the custom is good evidence in other cases.

The facts of the present case are borrowed from Illustration appended to section 42.

In the case, A sues B for trespass on his land; B alleges the existence c a public right of way over the land. 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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Important Mains Questions Series for Judiciary, APO & University Exams

1. Law of Evidence Mains Questions Series Part-I
2. Law of Evidence Mains Questions Series Part-II
3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
5. Law of Evidence Mains Questions Series Part-V
6. Law of Evidence Mains Questions Series Part-VI
7. Law of Evidence Mains Questions Series Part-VII
8. Law of Evidence Mains Questions Series Part-VIII
9. Law of Evidence Mains Questions Series Part-IX
10. Law of Evidence Mains Questions Series Part-X