Illustrations
A sues B for trespass or 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 C alleged the existence of the same right of way, is
relevant, but it is not conclusive proof that the right of way exists.
57. Judgments, etc., other than those mentioned in Articles 54 to 56, when
relevant. Judgments, orders or decrees, other than those mentioned in Articles 54, 55 and
56, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or
is relevant under some other provision of this Order.
Illustrations
(a) A and B separately sue C for a libel which reflects upon each of them, C in each
case says that the matter alleged to be libellous is true, and the circumstances are
such that it is probably true in each case, or in neither.
A obtains a decree against C for damages on the ground that C failed to make out
his justification. The fact is irrelevant as between B and C.
(b) A prosecutes B for adultery with C, A's wife.
B denies that C is A's wife but the Court convicts B of adultery
Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime. C says
that she never was A's wife.
The judgment against B is irrelevant as against C.
(c) A prosecutes B for stealing a cow from him, B is convicted. A afterwards sues C
for the cow, which B had sold to him before his conviction. As between A and
C, the judgment against B is irrelevant.
(d) A has obtained a decree for the possession of land against B, C, B's son, murders
A in consequence.
The existence of the judgment is relevant, as showing motive for a crime.
(e) A is charged with theft and with having been previously convicted of
theft. The previous conviction is relevant as a fact in issue.
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