Section 13 of The Code of Civil Procedure, 1908
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 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 1 [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 1 [India].
Summary
- A judgment from a court in another country is generally final and binding in India.
- It is not binding if the foreign court was not legally authorized to hear the case.
- It is not final if the case was decided without looking at the actual facts and evidence, known as the merits of the case.
- A judgment is rejected if it is based on a mistake about international law or ignores Indian law when it should have been used.
- It is not conclusive if the trial process was unfair or went against natural justice.
- Judgments obtained through cheating or lies, known as fraud, are not binding in India.
Practical examples
FAQ
1. When is a foreign judgment not conclusive under Section 13 of The Code of Civil Procedure, 1908?
Under Section 13 of The Code of Civil Procedure, 1908, a foreign judgment is not conclusive if it lacks jurisdiction, ignored the merits, misused law, violated natural justice, involved fraud, or broke Indian law.
2. Can a foreign judgment be challenged if it ignores Indian law according to Section 13 of the 1908 Act?
Yes, Section 13 of the 1908 Act states that a judgment is not conclusive if it refuses to recognize the applicable law of India.
3. What does "natural justice" mean in Section 13 of the Civil Procedure Code?
In Section 13 of the Civil Procedure Code, natural justice refers to the requirement that the legal proceedings in the foreign country must have been fair, such as giving both sides a chance to be heard.
4. If a foreign court decides a case based on a typo in the law, is it binding under Section 13 of the 1908 Code?
According to Section 13 of the 1908 Code, it is not binding if it appears on its face to be founded on an incorrect view of international law.
Test yourself
1.Under Section 13 of The Code of Civil Procedure, 1908, a foreign judgment is NOT conclusive if it was obtained in which of the following ways?
2.According to Section 13 of The Code of Civil Procedure, 1908, what must a foreign judgment be based on to be considered conclusive?
3.Under Section 13 of The Code of Civil Procedure, 1908, if a foreign judgment sustains a claim that is based on breaking a law currently in force in India, is that judgment conclusive?
4.Under Section 13 of The Code of Civil Procedure, 1908, what happens if a foreign court decides a case but the defendant was never given notice of the trial?