New 55% Off on All Courses - Enroll Now! Click Here

    Question

    S. 13 of the Code of Civil procedure provides that a

    foreign judgment is:
    A Not conclusive. Correct Answer Incorrect Answer
    B Conclusive Correct Answer Incorrect Answer
    C Conclusive to matters already adjudicated between the same parties with some exceptions to it. Correct Answer Incorrect Answer
    D Conclusive in all matters already adjudicated between the same parties or parties who claim litigating under the same title. Correct Answer Incorrect Answer

    Solution

    As per CPC S.13. When foreign judgment not conclusive.—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 jurisdication; (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].

    Practice Next