Enforcement of Foreign Judgments

Section 13 and Section 44A of the Code of Civil Procedure, 1908 (CPC) governs
the execution of foreign judgments.

Under Section 13 of the Code of Civil Procedure, a foreign judgment becomes

inconclusive and consequently unenforceable in the following circumstances:

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 recognize the law of
India in cases in which such law is applicable;
d) where the proceedings in which 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

There is a presumption upon production of any document purporting to be a

certified copy of a foreign judgment that the judgment was pronounced by a
Court of competent jurisdiction, unless the contrary appears on record or the
presumption is rebutted.

A foreign judgment, which is conclusive under Section 13 of the Code, can be

enforced in India in the following ways:

a) By filing an Execution Petition under Section 44A of the CPC

Section 44A of the CPC provides that where a certified copy of a decree of the
superior courts of any reciprocating territory has been filed in a District Court, the
decree may be executed in India as if it had been passed by the District Court. In
case the decree does not pertain to a reciprocating territory or a superior Court of
a reciprocating territory, as notified by the Central Government in the Official
Gazette, the decree is not directly executable in India. Decree with reference to
Superior Court means any decree or judgment which is not pertaining to money
payable in respect of any taxes or any fine or penalty or any arbitration award.

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b) By filing a suit upon the foreign judgment/decree

In case the decree pertains to a country which is not a reciprocating territory a

fresh suit will have to be filed in India on the basis of such a decree or judgment,
which may be construed as a cause of action for the said suit. In the fresh suit,
the said decree will be treated as another piece of evidence against the
defendant. The court cannot go into the merits of the original claim and it shall be
conclusive as to any mater thereby directly adjudicated upon between the same
parties.

However in both the cases the decree has to pass the test of Section 13 of the
Civil Procedure Code.

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