Section 42 Indian Evidence Act 1872
Section 42 of the Indian Evidence Act 1872 is about ‘Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41’. 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‘.
Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
Judgments, orders or decrees 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.
See also:
Section 41 Indian Evidence Act 1872 (Relevancy of certain judgments in probate, etc., jurisdiction)