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[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

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Judgment not inter partes - Truth of the matter decided a judgment is not admissible evidence against one who is a stranger to the suit

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

Home Evidence Act

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

by PLRonline
in Evidence Act, Practice and Procedure
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This principle was reiterated in the case of Coca-Cola Company of Canada Ltd. v. Pepsi-Cola Company of Canada Ltd. AIR 1942 PC 40 where Their Lordships in most categorical terms expressed the view that 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. It appears that in the case referred to above the President of the Exchequer Court had relied on facts found in the judgment of the Chancellor and had drawn support from the uncontradicted evidence given by the Chancellor. The Privy Council deprecated this practice of relying on judgments which were not inter partes in the sense that a judgment in which neither the plaintiff nor the defendant were parties, and in this connection Lord Russell observed thus :

“The learned President relied on this judgment “as very formidable support to the plaintiff's contention that. . .there is likelihood of confusion ; but in Their Lordships' opinion he was not entitled to refer to or rely upon a judgment given in proceedings to which neither the plaintiff nor the defendant was a party, as proving the facts stated therein.”

(emphasis supplied)

133. We entirely agree with the observations made by the Privy Council which flow from a correct interpretation of Sections 40 to 43 of the Evidence Act.

read in in 1983 PLRonline 0004

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Tags: Evidence Act S. 13, Evidence Act S. 40, Evidence Act S. 41, Evidence Act S. 42, Judgment not inter partes
Tags: Evidence Act S. 13Evidence Act S. 40Evidence Act S. 41Evidence Act S. 42Judgment not inter partes

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