40. The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.
Indian Evidence Act, 1872
Section 40: Previous judgments relevant to bar a second suit or trial
Repealed. Repealed from 1 July 2024. Use it for proceedings preserved by BSA section 170, including specified matters that were pending immediately before commencement.
Part I — Relevancy of Facts