limits of the ordinary original civil jurisdiction of a High Court; (5) [ "foreign Court" means a Court situate outside India and not established or continued ... Section 4, for the original clause.] (6) "foreign judgment" means the judgment of a foreign Court; (7) "Government Pleader" includes any officer appointed
Section 13 in The Code of Civil Procedure, 1908
13. When foreign judgment not conclusive .-
A foreign judgment shall be conclusive as to any matter
fact which was false in some material particular. (2A) [ Where any such judgment as is referred to in sub-section (1) is obtained from ... reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the Code of Civil Procedure
Code of Civil Procedure, 1908
14. Presumption as to foreign judgments .-
The Court shall presume, upon the production of any document purporting ... certified copy of, a foreign judgment, that such judgment was pronounced by a Court of, competent jurisdiction, unless the contrary appears on the record
provisions of the Arbitration Protocol and
Conventions Act, 1937 , foreign awards and foreign judgments
based upon award arc enforceable in India on the same
grounds ... Action brought on a
foreign judgment was an action brought to recover the
judgment debt :...... necessarily then, the judgment must be
evidence of the debt
regarding foreign judgment is not adjudicated by a competent
Court, the judgment cannot be ignored and a Court cannot brush aside a foreign
judgment ... foreign
judgment is to be dealt with. A Court in India has to presume that the judgment
delivered by a foreign Court where the parties
proper, is for the foreign court to decide and
not for the court in which the foreign judgment is pleaded
as conclusive.
To be conclusive ... with judgment in rem and judgments in
personam, Cheshire observes at page 653, It (judgment in
rem) has been defined as a judgment
foreign court on a ground not available
under the 1955 Act-Enforceability of.
Civil Procedure Code, 1908: Section 13 . Matrimonial
dispute-Foreign judgment-When ... large
number of foreign decrees in matrimonial matters is becoming
the order of the recognition of the foreign judgments in
these matters. The minimum rules
under section 64VB of the Insurance Act, 1938. (3) Where any such judgment or award as is referred to in sub-section (1) is obtained ... court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the Code
judgment known as "Remate Judgment" in a Spanish Court cannot be the foundation of an action. The proceedings in the foreign Court ... Judgment" may be superseded by the final "Plenary Judgment." It is on account of the nature of the "Remate Judgment
