57. Judgment etc., other than those mentioned
in Article 54 to 56 when relevant.. Judgments. orders or decrees, other than those mentioned in Articles
54. 55 and 56, are irrelevant, unless the existence of such judgment.,
order or decree is a fact in issue, or is relevant under some other provision
of this Order.
illustrations
(a) A and B separately sue C
for a libel which reflects upon each of them, C in each case says that the
matter alleged to be libellous is true, and the
circumstances are such that it is probably true in each case, or in neither.
A obtains a decree against C
for damages on the ground that C failed to make out his justification. The fact
is irrelevant as between Band C..
(b) A prosecution B
for adultery with C, A's wife.
B denies that C is A's
wife but the Court convicts B of adultery.
Afterwards C is prosecuted
for bigamy in marrying B during A's lifetime C says that she never was A's
wife.
The judgment against B
is irrelevant as against C.
(c) A prosecution B for
stealing a cow from him, B is convicted. A afterwards sues C for the cow, when
B had sold to him before his conviction. As between A and C, the judgment
against B is irrelevant.
(d) A has obtained a decree
for the possession of land against B, C, B's son, murders A
in consequence.
The existence of the judgment
is relevant, as showing motive for a crime.
(e) A is charged with theft
and with having been previously convicted of theft. The previous conviction is
relevant as a fact in issue.
(f) A is tried for the murder
of B. The fact that B prosecuted A for libel and that A was
convicted and sentenced is relevant under Article 21 as showing the motive for
the fact in issue.