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Home Evidence Act

No judgment which was not inter partes or the one to which neither the plaintiff nor the defendant were parties could be used in evidence for any purpose

by PLRonline
October 15, 2021
in Evidence Act, Practice and Procedure
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Full Bench of the Madras High Court in Tripurana Seethapathi Rao Dora v. Rokkam Venkanna Dora AIR 1922 Mad 71 where Kumaraswami Sastri, J. observed thus :

I am of opinion that Section 35 has no application to judgments and that a judgment which would not be admissible under Sections 40 to 43 of the Evidence Act would not become relevant merely because it contains a statement as to a fact which is in issue or relevant in a suit between persons who are not parties or privies. Sections 40 to 44 of the Evidence Act deal with the relevancy of judgments in courts of justice.”

Tags: Evidence Act S. 13Evidence Act S. 40Evidence Act S. 41Evidence Act S. 42Judgment not inter partes
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Judgment not inter partes – No judgment which was not inter partes or the one to which neither the plaintiff nor the defendant were parties could be used in evidence for any purpose

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Statements or declarations before persons of competent knowledge made ante litem motam are receivable to prove ancient rights of a public or general nature

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Statements or declarations before persons of competent knowledge made ante litem motam are receivable to prove ancient rights of a public or general nature

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