This article aims to study the legality and enforceability of foreign judgement and decrees passed by the foreign courts and objective behind section 13 and 14 of the Code of Civil Procedure, 1908. The article also deals with the conditions under which a foreign judgement can act as a res judicata[i].
Since the Constitution of India has been inspired from the laws and statutes of various countries, for example, the fundamental rights from U.S, Directive principles of state policy from Ireland, etc, therefore it becomes necessary that Indian Judiciary enforce such foreign decrees and judgments in India which is in consonance with the basic fundamental rules and laws in force in India. The term “Decree” has been defined under section 2(2) of The Code of Civil Procedure, 1908 (hereinafter referred to as CPC) as the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include—
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
The term “Judgement” has been defined under section 2(9) of CPC as the statement given by the Judge of the grounds of a decree or order. The court after hearing the case shall pronounce the judgement in an open court either at once or as may be practicable and when the judgement is to be pronounced on some future day, the court shall fix a day for that purpose of which a due notice shall be given to the parties of the suit or their pleaders.[ii]
Section 2(6) of CPC defines “Foreign judgement” as a judgement of a foreign court. A foreign court is a court situated outside India and not established or continued by the authority of the Central Government.[iii]
[i] Section 11 Code of Civil Procedure, 1908
[ii] Order 20 Rule 01 CPC 1908: Judgement when pronounced
[iii] Section 2(5) CPC 1908: Foreign court
