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Report No. 185

Section 43

In para 16.95, 16.97, 16.145 of the 69th report, the Commission had not unfortunately chosen to delete reference to section 42A proposed section 43A of the 69th Report. This section was proposed in the 69th Report (see paras 16.72 and 16.73) for treating as relevant the summary of pleadings in an earlier judgment.

We are of the view that there is no need to have a separate section 43A to make summary of pleadings contained in an earlier judgment relevant. The summary prepared by the court is relevant u/s 35, a part of a public record. In the 69th Report, in paras 16.72 and 16.73, the above change in the case law and the observation of the Privy Council were not noticed. No change is necessary in section 43. Nor it is necessary to have section 43A as proposed in that Report.

Review of the Indian Evidence Act, 1872 Back

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