LAW OF EVIDENCE 619
Exception to the Rule
(I) Sec. 41. enacts an exception to the rule, under it. A final Judgment of a competent court in the exercise of
(i) Probate (ii) Matrimonial Jurisdiction (iii) Admirality (iv) Insolvency.
which confers or takes away a legal character or which declares any person to be entitled to any specific thing is admissible.
Comment :
This means that a judgment inter partes is admissible in a proceedings between persons who were not parties to that proceedings.
This section deals with what are called judgments in rem without using that expression. All judgments are inter partes. But some inter partes judgments are judgments in personam and some are judgments in rem. Both are inter partes. Instead of defining judgments in rem—the section enumerates them.
The result is that every judgment which gives or takes away a character is not admissible. It is only judgments given in the exercise of particular kind of jurisdiction which is admissible.
Illus.
Adoption is not admissible as between strangers.
It is a Judgment which confers a statics. But it is not admissible because it is not under any of the jurisdiction mentioned.
(II) Exception . Sec. 42.
Judgment in personam is relevant as between strangers if the judgment relates to a subjects of a public nature.
Subjects of a public nature.
(1) Customs.
(2) Prescriptions.