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What is Previous judgments relevant to bar a second suit or trial Relevancy of certain judgments in probate, etc. jurisdiction Section 40 and 41 of Indian Evidence Act 1872

Previous judgments relevant to bar a second suit or trial and Relevancy of certain judgments in probate, etc. jurisdiction are defined under section 40 and 41 of Indian Evidence Act 1872. Provisions under these sections are:

Section 40 of Evidence Act "Previous judgments relevant to bar a second suit or trial"

The existence of any judgment, order or decree which by law prevents any Courts from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit, or to hold such trial.


 

Section 41 of Evidence Act "Relevancy of certain judgments in probate, etc. jurisdiction"

A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to an specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.

Such judgment, order pr decree is conclusive proof -

that any legal character which it confers accrued at the time when such judgment, order or decree came into operation;

That any legal character, to which it declares any such person to be entitled, accrued, to that person to be entitled, accrued, to that person at the time when such judgment, [order or decree ] declares it to have accrued to that person; that any legal character which it takes away from any person ceased at the time from which judgment, [ order or decree ] declared that it had ceased or should cease;

And that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, [order or decree] declares that it had been or should be his property.

 

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