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A 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 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
Explanation
This question is a direct application of Section 42 of the Indian Evidence Act, 1872. This section provides that judgments, orders, or decrees are relevant if they relate to matters of a public nature relevant to the enquiry, even if the parties to the current suit were not parties to the previous one.
The scenario described is the verbatim illustration provided in the Act. A "public right of way" is considered a matter of a public nature. According to Section 42, while such a previous decree (in the case of A vs. C) is relevant as evidence to support the defendant's claim in the current case (A vs. B), it is not conclusive proof. This means the court can consider the previous judgment, but it is not bound to treat it as final or indisputable evidence of the right's existence. Therefore, option D is the correct legal position.
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