This document summarizes key aspects of recognizing and enforcing foreign judgments under Indian law. It defines foreign judgments and courts, outlines the legal framework, and describes the criteria for recognition and enforceability under Section 13 of the Code of Civil Procedure. These include the foreign court having proper jurisdiction, the judgment being on the merits, and not violating natural justice or Indian law. The document also provides examples of case laws and enforcement processes, noting that foreign judgments can generally only be enforced against the parties involved, not third parties.

1. Private International law –
Recognition and Enforcement of
foreign judgment
By Firoze K S
BBA LLB – B
10TH SEMESTER

2. What is foreign Judgement?
• The term foreign judgments defined
under Section 2 (6) of the code of civil procedure
means the judgment of a foreign court,
• Section-13 of the code provides the criteria with
the code for recognition of a foreign judgment
and is a pre-condition to any enforcement
proceedings unless a foreign judgment passes the
conclusiveness test under Section 13 of the Code
of Civil Procedure Code, it cannot be enforced.

3. What is a Foreign court?
• “Foreign court” defined under Section 2
(5) means court outside India and not
established or continued by the authority of
the central government.

4. Legal and judicial framework
• Laws passed by the parliament
• Bilateral treaties
• Judicial precedents

5. According to Section 13 of the Code, a
foreign judgment will be inconclusive if
• is pronounced by a court that was not of
competent jurisdiction;
• is not given on the merits of the case;
• appears to be founded on an incorrect view of
international law or a refusal to recognize Indian
law (where applicable);
• violates principles of natural justice;
• is obtained by fraud; or
• sustains a claim founded on a breach of Indian
law.

6. Ramanathan Chettyar and Another v
Kalimuthu Pillay and Another
• where the defendant is a subject of the country in
which the judgment was passed;
• where the defendant is a resident of the country
in which the action was commenced;
• where the defendant has in a previous case filed
a suit in the same forum;
• where the defendant has voluntarily appeared; or
• where the defendant has contracted to submit
itself to the jurisdiction of the foreign court.

7. Requirements for enforceability
• The foreign judgment should be final and should
not fall within the ambit of some of the special
cases specified in Section 13 of the Code of Civil
Procedure
• Indian law doesn’t stipulate the kinds of
judgments that may be implemented.
Instead, Section 13 of the Code of Civil
Procedure, 1908, excludes those foreign
judgments which fall within any of the clauses (a)
to (f) of Section 13

8. Section 13 of the Code of Civil
Procedure
• Where it has not been pronounced by a court of
competent jurisdiction;
• Where it has not been given on the merits of the case;
• 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;
• Where the proceedings in which the judgment was
obtained are opposed to natural justice;
• Where it has been obtained by fraud; and
• Where it sustains a claim founded on a breach of any
law in force in India

9. Recognition and enforcement process
• It is not a different mechanism to accept
international decisions.
• Recognition is ipso jure, as in most other
jurisdictions, that is, the final adjudication of
the parties’ interests.
• As given in Section 13 of the Code of Civil
Practice, an international decision is
recognized if it is definitive

10. EXAMPLE
• Application for compliance
• Notice to show cause
• No contest
• The holder of the decree may ask the court to
provide the judgment debtor with orders,
instructing it to report any assets and
liabilities

11. Can the foreign judgment be enforced
against third parties
• No, mostly against the entity for which it has
been made can an international decision or
decree be applied.

12. Case Laws
• Gurdayal Singh v. Rajah of Faridkot
• Aruna Ramchandra Shanbaug v. Union of India

13. CONCLUSION
• There is almost no issue having to rely on
foreign court decisions.
• Even so, judges must be careful not to give
greater credit to case law decided in
completely different social and economic
scenarios
• People must, however, be judged in the sense
of India’s standards and regulatory procedures
and the practicalities of lawsuits in India.