SECTION 35 – Relevancy of certain judgments in probate, etc., jurisdiction.
The Bharatiya Sakshya Adhiniyam, 2023
Relevancy of certain judgments in probate, etc., jurisdiction.
Relevancy of certain judgments in probate, etc., jurisdiction .—(1) A final judgment, order or
decree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency
jurisdiction, which confers upon or takes away from any person any legal character, or which declares
any person to be entitled to any such character, or to be entitled to any specific thing, not as against any
specified person but absolutely, is relevant when the existence of any such legal character, or t he title of
any such person to any such thing, is relevant.
(2) Such judgment, order or decree is conclusive proof that—
(i) any legal character, which it confers accrued at the time when such judgment, order or decree
came into operation;
(ii) any legal character, to which it declares any such person to be entitled, accrued to that person
at the time when such judgment, order or decree declares it to have accrued to that person;
(iii) any legal character which it takes away from any such person ceased at the time from which
such judgment, order or decree declared that it had ceased or should cease; and
(iv) anything to which it declares any person to be so entitled was the property of that person at
the time from which such judgment, order or decree declares that it had been or should be his
property.