Section 34 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 34 of the Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023:
📜 Section 34: Previous Judgments Relevant to Bar a Second Suit or Trial
Text of Section 34:
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
🔍 Meaning and Application
Section 34 addresses situations where a previous judgment, order, or decree legally prohibits a court from entertaining a new suit or proceeding with a trial. In such cases, the mere existence of that prior legal barrier becomes a relevant fact in determining whether the current court should take cognizance of the suit or hold the trial.
This provision is crucial in preventing the judicial system from being burdened with repetitive litigation and ensures that courts respect legal barriers established by previous judgments.
⚖️ Illustrative Example
Scenario:
A files a suit against B for the same cause of action that was previously adjudicated in a suit between A and C, where C was a necessary party.(indiankanoon.org)
Application of Section 34:
The court would consider the prior judgment between A and C as a relevant fact to determine whether A can maintain the suit against B.
🧭 Purpose of Section 34
Prevents Repetitive Litigation: Ensures that courts do not entertain suits or trials that are barred by previous judgments, thereby conserving judicial resources.
Upholds Legal Barriers: Respects the legal prohibitions established by prior judgments, orders, or decrees.
Promotes Judicial Efficiency: Facilitates the efficient functioning of the judicial system by preventing the re-litigation of issues already decided.
🔗 Related Provisions
Section 35: Deals with judgments, orders, or decrees that are relevant to matters of a public nature.
Section 36: Addresses judgments, orders, or decrees that are relevant to the existence of a public right or custom.
Section 37: Discusses judgments, orders, or decrees that are relevant to the existence of a relationship between parties.
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