Analysis Of Section 13 Of Civil Procedure Code: Applicability And The Conclusiveness Of Foreign Judgements
Ishaan Deepak Joshi, MIT-WPU Faculty of Law
ABSTRACT
A Foreign Court’s Judgement is made enforceable by using as its basis the principle that when a court having a competent jurisdiction has said to have adjudicated upon a particular claim, there arises a legal obligation in order to satisfy such a claim. The rules established in the realm of Private International Law, in the nature of things, tend to differ with regards to every distinct state / country, but are however, given the recognition of being common to jurisdictions of a civilized nature by the comity of the nations. A recognition of such a kind is not to be accorded as a mere act of courtesy, but instead, on the principles of justice, equity and good conscience. Foreign Judgement as per Section 2(6) of the Code of Civil procedure in India is the judgement by a foreign court. In cases wherein there are judgements delivered by the courts in the United States, UK, Canada, France, etc., such judgements are considered to be Foreign Judgements in Indian Terms. Through the lens of Various Case Laws, this research article aims to analyze the various provisions for and implications of Foreign Judgements in the Indian Courts as under Section 13 of The Code of Civil Procedure, 1908.
