CPC Section 13 — When foreign judgment not conclusive

Civil

Summary

A foreign court's decision is normally treated as final and binding on the same people or their legal representatives if they were involved in the case under the same legal claim. However, this binding effect does not apply in several situations: if the foreign court did not have proper authority to hear the case; if the decision was not based on the actual facts and law of the case; if the decision itself shows it was based on a wrong understanding of international law or refused to apply Indian law where it should have; if the legal process in that foreign court was unfair or went against basic fairness; if the decision was obtained by cheating or lying; or if the decision supports a claim that violates any law that is in force in India.

Official Text

A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except--

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India.