Section 42 - Indian Evidence Act, 1872

42. Relevancy and effect of judgments, orders 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 enquiry; but such judgments, orders or decrees are not conclusive proof of that which they state.

Illustration

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 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