The principle of ‘res judicata’ is provided in which of the following sections of the Bharatiya Sakshya…
Section 34 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 40 of the Indian Evidence Act, 1872) makes the existence of a judgment, order or decree relevant where…
Choose your answer
The principle of ‘res judicata’ is provided in which of the following sections of the Bharatiya Sakshya Adhiniyam, 2023?
Answer and explanation
Correct answer B
Section 34 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 40 of the Indian Evidence Act, 1872) makes the existence of a judgment, order or decree relevant where it by law prevents a court from taking cognizance of a suit or holding a trial. It supplies the evidence-law connection to a prior adjudication; civil res judicata itself is governed principally by section 11 of the Code of Civil Procedure, 1908.
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