FOREIGN JUDGMENT (FJ) under CPC, 1908
What is FJ?
- Section 2(6) of CPC defines ‘foreign judgment’(FJ). Accordingly, FJ means a judgment of a foreign court. As per Section 2(5), a foreign court means a court situated beyond the limits of India and not established or continued by the authority of the Central Government. [1]
Conclusiveness of FJ—
Section 13 deals with the conclusiveness of Foreign Judgment. It provides that FJ shall be conclusive and it will operate as Res Judicata except in following cases—(MNC FBI) (MPJ-1993/2019)
- where it has not been given on the merits of the case;
- where the proceedings are opposed to natural justice;
- where judgment has not been passed by a competent Court;
- where judgment has been obtained by fraud;
- sustainability of claim founded on breach of any Indian Law;
- where apparently incorrect view of international law has been taken OR where applicability of Indian law has been refused;
Illustration: If A sues B in a foreign court, and if the suit is dismissed, the decision will operate as a bar to a fresh suit by A in India on the same cause of action.
Presumption of genuineness as to foreign judgments—
Section 14 deals with the presumption of genuineness of foreign judgment on the basis of the certified copy. Section 14 provides that certified copy of foreign judgment shall be deemed to be conclusive unless it is proved that the court passing the decree was having no jurisdiction. Thus, judgment by foreign court is a rebuttable presumption.[2]
Enforcement of FJ in India—
A conclusive FJ can be enforced in India in the following modes—
- by instituting a suit on such foreign judgment. However, such suit must be filed within three years from the date of judgment.
- by instituting execution proceeding as if an Indian Court had passed it. Section 44-A provides that where a decree has been passed by foreign court, a certified copy of such decree can be filed in the District Court in India for execution of decree.
Foreign Award—
An award passed by a foreign arbitrator and enforceable in the country where it was made, can be enforced in India like foreign judgments.
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[1].What is foreign judgment? Under what circumstances it is conclusive? In what manner may a decree of a Foreign Court be executed in India?
[2] . Alcon Electronics Pvt. Ltd. vs. Celem S.A. of FOS 34320 Roujan, France and another [2017 SCCR 95].
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Prepared by team LegalMines. The copyright as to contents and the style are with the team LegalMines. Typographical error, if any, is inadvertent.
