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Report No. 185

Sections 40

We, agree with the recommendation in para 16.12 of the 69th Report that section 40 be revised as follows:

"Judgments Of Courts Of Justice When Relevant

"40. Previous Judgments relevant to bar a second suit or trial.- The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or issue or holding a trial or determining a question, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or issue, or to hold such trial or determine such question, as the case may be."

Review of the Indian Evidence Act, 1872 Back

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