Section 14 of The Code of Civil Procedure, 1908
Presumption as to foreign judgments.
The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
Summary
- When a person produces a certified copy of a foreign judgment, the court will start with a specific assumption.
- The court assumes that the judgment was given by a court that had the legal authority, or jurisdiction, to do so.
- This assumption remains in place unless the court's own records show something to the contrary.
- Anyone who wants to challenge this assumption must provide proof that the foreign court actually lacked the authority to decide the case.
Practical examples
FAQ
1. What is the presumption regarding foreign judgments in Section 14 of The Code of Civil Procedure, 1908?
Section 14 of The Code of Civil Procedure, 1908, requires the court to presume that a certified copy of a foreign judgment was pronounced by a court with competent jurisdiction.
2. How can someone overcome the presumption in Section 14 of the 1908 Act?
To overcome the presumption in Section 14 of the 1908 Act, a person must prove that the foreign court lacked the jurisdiction or authority to give that judgment.
3. Does Section 14 of the Civil Procedure Code apply to any paper claiming to be a foreign judgment?
No, Section 14 of the Civil Procedure Code specifically applies when a party produces a document "purporting to be a certified copy" of a foreign judgment.
Test yourself
1.Under Section 14 of The Code of Civil Procedure, 1908, what must be produced for the court to presume a foreign judgment is valid?
2.According to Section 14 of The Code of Civil Procedure, 1908, the court presumes the foreign court had what quality?
3.Under Section 14 of The Code of Civil Procedure, 1908, can the presumption of a foreign court's authority be displaced?
4.According to Section 14 of The Code of Civil Procedure, 1908, what is the exception where the court will NOT presume a foreign court had jurisdiction even if a certified copy is produced?