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.IllustrationA 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 favour of the defendant, in a suit by A against C for a trespass on the same land, in which Called the existence of the same right-of-way, is relevant but it is not conclusive proof that the right-of-way exists.
