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

What this section does

Judgments, orders, or decrees other than those covered by section 35 are relevant if they relate to matters of a public nature relevant to the enquiry, but they are not conclusive proof of what they state. Such judgments carry persuasive but not binding evidentiary weight.

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

The rule in one line

Judgments on matters of public nature (outside s.35) are relevant but not conclusive proof.

When it applies

• In a suit for trespass, a prior decree in favour of the defendant in a similar suit by the same plaintiff against a third party, asserting the same public right of way, is relevant but not conclusive proof that the right of way exists.
• A decree establishing a public easement over a road is relevant in a subsequent dispute about the same road but does not conclusively bind parties not before the earlier court.

Derived from IEA s.42.