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Section 42- The Indian Evidence Act, 1872

The Indian Evidence Act,1872

42. Relevancy and effect of judgment, order 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 inquiry; nut such judgments, orders or decrees are not conclusive proof of that which they state.


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 or 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 ways exists.

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The Indian Evidence Act, 1872

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