Under what circumstances, the foreign judgments would be inconclusive, and shall not be executable....the Code of Civil Procedure, 1908?

Question: Under what circumstances, the foreign judgments would be inconclusive, and shall not be executable in India as per the provision of the Code of Civil Procedure, 1908? [HPJS 2019]

Find the answer to the mains question only on Legal Bites. [Under what circumstances, the foreign judgments would be inconclusive, and shall not be executable in India as per the provision of the Code of Civil Procedure, 1908?]

As per Section 13 of the Code of Civil Procedure, 1908, a foreign judgment is generally conclusive regarding any matter directly adjudicated between the same parties or their representatives. However, it shall not be enforceable in India if it falls under any of the following exceptions:

1. Lack of Competent Jurisdiction: A foreign judgment is inconclusive if it has not been pronounced by a court of competent jurisdiction. If the foreign court did not have proper jurisdiction over the subject matter or the defendant, the judgment will not be recognized in India.
2. Not Given on Merits of the Case: If the judgment is based on procedural grounds, such as default judgment or ex-parte decree without considering the actual merits of the dispute, it is not enforceable. A decision must be given after examining evidence and legal arguments to be valid.
3. Incorrect View of International or Indian Law: If the judgment is founded on an incorrect interpretation of international law or refuses to recognize the applicable Indian law, it shall not be binding. Indian courts do not enforce foreign judgments that disregard Indian legal principles in cases where they are applicable.
4. Violation of Natural Justice: If the proceedings leading to the judgment were opposed to the principles of natural justice, it will be considered inconclusive. This includes situations where the defendant was not given a fair hearing, proper notice, or an opportunity to present their case.
5. Judgment Obtained by Fraud: If a foreign judgment has been obtained by fraud, misrepresentation, or suppression of material facts, it loses its conclusive nature. A fraudulent judgment cannot be enforced in India.
6. Contrary to Indian Law or Public Policy: If a foreign judgment sustains a claim based on a breach of Indian law, it is unenforceable. For example, a foreign decree supporting a contract that is illegal under Indian law will not be executed.

A foreign judgment is only enforceable in India if it does not fall within any of the above exceptions.