BSA Section 36-Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

Judgments, orders, or decrees other than those mentioned in section 35 are relevant if they relate to matters of a public nature relevant to the inquiry; but such judgments, orders or decrees are not conclusive proof of that which they state.

Illustration

A sues B for trespassing 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 favor 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.

[Old Corresponding Section: Section 42 of the Indian Evidence Act, 1872]