Section 40 Indian Evidence Act 1872
Section 40 Indian Evidence Act 1872
Section 40 of the Indian Evidence Act 1872 is about ‘Previous judgments relevant to bar a second suit or trial’. It is under ‘JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT’ of Chapter II of the Act. Chapter II is titled ‘OF THE RELEVANCY OF FACTS‘.
Previous judgments relevant to bar a second suit or trial
The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.
See also:
Section 39 Indian Evidence Act 1872 (What evidence to be given when statement from part of a conversation, document, electronic record, book or series of letters or papers.)