Foreign Judgment

🌐 Short Notes on Foreign Judgment in Civil Procedure Code & Limitation Act

1. Definition under Civil Procedure Code, 1908

As per Section 2(6) of the Civil Procedure Code, 1908, a Foreign Judgment means the judgment of a court situated outside India and not established or continued by the authority of the Central Government.

2. Relevant Provisions in CPC

• Section 13: Conditions under which a foreign judgment is considered conclusive.
• Section 14: Presumption as to the validity of a foreign judgment unless proved otherwise.
• Section 44A: Execution of decrees passed by superior courts in reciprocating territories.

3. When Foreign Judgment is NOT Conclusive (Sec. 13)

• Not pronounced by a competent court
• Not given on the merits of the case
• Appears to be founded on an incorrect view of international law
• Opposed to natural justice
• Obtained by fraud
• Sustains a claim founded on a breach of Indian law

4. Execution of Foreign Judgment

A foreign judgment can be enforced in India either by:

• Filing a suit on the foreign judgment, or
• Execution under Section 44A if from a reciprocating territory.

5. Limitation Act, 1963 and Foreign Judgment

The Limitation Period to file a suit based on a foreign judgment is:

• 3 years from the date of the foreign judgment – as per Article 101 of the Limitation Act, 1963.

✅ Note:

A foreign judgment must be final and conclusive to be enforced in India. The burden of proving that it falls under any of the exceptions in Section 13 lies on the party resisting enforcement.