Previous judgments relevant to bar a second suit or trial.

What this section does

The existence of a judgment, order, or decree that by law bars a court from taking cognizance of a suit or holding a trial (such as res judicata) is a relevant fact when the question is whether the court should take cognizance or proceed with the trial. This provision gives evidentiary relevance to judgments that operate as legal bars.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

A prior judgment that operates as a legal bar to a suit or trial is a relevant fact to prove that bar.

When it applies

• A defendant pleads res judicata — the earlier decree between the same parties on the same subject matter is relevant to show the court cannot take cognizance.
• An accused pleads autrefois convict — the prior conviction is relevant to show the court cannot hold a fresh trial for the same offence.

Derived from IEA s.40.