CPC Assignment For LLB

PG NO
TOPIC
1) INTRODUCTION
2) Civil Procedure Code, 1908
3) Nature and Scope of Foreign Judgments
4) Jurisdiction of Foreign Courts
5) Presumption as to foreign judgments
6) Conclusiveness of Foreign Judgments
7) The List of the Reciprocating Territories as per the Provisions of Section

44 A of the Code of Civil Procedure, 1908
8) Confilct between Domestic Judgment & Foreign Judgment
9) CONCLUSION
10) Bibliography
Table of cases
1) R. Viswanathan v. Rukhn-ul-Mulk Syed Abdul, AIR 1963 SC 1 at pp. 14-

15: (1963)3 SCR 22
2) Satya v. Teja Singh, (1975) 1 SCC 120: AIR 1975 SC 105
3) Cardozo, J. in Loucks v. Standard oil Co. of New York, (1918) 224 NY 99
at p.111.
4) Sankaran Govindan v. Lakshmi Bharathi, (1975) 3 SCC 351 at p.368:
AIR 1974 SC 1764 at p. 1766.
5) Brijlal Ramjidas v. Govindram Gordhandas Seksaria, (1946-47)74 IA
203:AIR 1947PC 192 (194)
6) R.M.V. Vellachi Achi v. R.M.A. Ramanathan Chettiar, AIR 1973 Mad.
141
7) Narasimha Rao v. Venkata Lakshmi,(1991)3 SCC 451.
8) Gurdas Mann v. Mohinder Singh Brar AIR 1993 P&H 92.
9) Viswanathan v. Abdul Wajid, AIR 1961 SC 1 at pp. 24-25, 32
10) Lalji Raja & Sons v. Firm Hansraj Nathuram AIR 1971 SC 974 at p.
977.
11) A.V. Papayya Sastry v. Govt. Of A.P., (2007) 4 SCC 221 at p.231:
AIR 2007 SC 1546.
12) Satya v. Teja Singh AIR 1975 SC 105 at p. 117 para 50.
13) Chengalvaraya Naidu v. Jagannath, (1994) 1 SCC 1 : AIR 1994 SC
85
INTRODUCTION :
In this new Era of globalization, Indian legal system is often appreciated for the
importance it gives to enforcement of foreign decrees and judgment. Foreign
legal materials are now easily available due to communication and technological
development. The “recognition” of a foreign judgment occurs when the court of
one country accepts a judicial decision made by the courts of another “foreign”
country, and issues a judgment in substantially identical terms without
rehearing the substance of the original lawsuit. Recognition of judgment will be
denied if the judgment is substantively incompatible with basic fundamental
legal principles in the recognizing country.
The Indian Judiciary has given various guidelines and judgment which are
greatly inspired by laws of other countries. One of the recent examples is Triple
Talaq which has been declared unconstitutional by Supreme Court. In
recognizing freedom of the press, the Court relied on the U.S. Supreme Court’s
decision in Kovacs v. Cooper. In upholding the death sentence, the Supreme
Court relied on the U.S. cases of Furman v. Georgia, Arnold v. Georgia,
and Proffitt v. Florida. Cases where conflict of laws arises, judges do the
comparative study of laws of various countries to reach a fruitful conclusion.
Civil Procedure Code, 1908

The Indian Code of Civil Procedure, 1908 (CPC) lays down the procedure for
enforcement of foreign judgments and decrees in India. CPC, 1908 had defined
the following as-
 Section 2(5) “foreign Court” means a Court situate outside India

and not established or continued by the authority of the Central
Government.
 Section 2(6) “foreign judgment” means the judgment of a foreign
Court.
Nature and Scope of Foreign Judgments
Section 13 embodies the principle of res judicata in foreign judgments. It
embodies the principle of Private International law that a judgment delivered by
a foreign court of competent jurisdiction can be executed and enforced in India.
Jurisdiction of Foreign Courts

In Private International Law, unless a foreign court has jurisdiction in the
international sense, a judgment delivered by that court would not be recognized
in India. But it considers only the territorial competence of court over the
subject-matter and defendant. Its competence or jurisdiction in any other sense
is not regarded as material by the court in this country.
Presumption as to foreign judgments

Section 14 states the presumption that an Indian court takes when a document
supposing to be a certified copy of a foreign judgment is presented before it.
The Indian Courts presume that a foreign Court of competent jurisdiction
pronounced the judgment unless the contrary appears on the record, but by
proving want of jurisdiction may overrule such presumption.
Section 14. Presumption as to foreign judgments – The Court shall

presume, upon the production of any document purporting to be a certified
copy of a foreign judgment, that such judgment was pronounced by a Court to
competent jurisdiction, unless the contrary appears on the record; but such
presumption may be displaced by proving want of jurisdiction.
Conclusiveness of Foreign Judgments
Section 13 lays down the fundamental rules which should not be violated by any
foreign court in passing a decree or judgment. The decree or judgment of
foreign court will be conclusive except where it comes under any of the clauses
(a) to (f) of Section 13.
13. When foreign judgment not conclusive.-A foreign judgment

shall be conclusive as to any matter thereby directly adjudicated upon
between the same parties or between parties under whom they or any
of them claim litigating under the same title except,—
(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 the judgment was obtained are opposed to
natural justice;
(e) Where it has been obtained by fraud;
(f) Were it sustains a claim founded on a breach of any law in force in India.
In Brijlal Ramjidas v. Govindram Gordhandas Seksaria, Supreme

Court held that Section 13 speaks not only of “Judgment” but “any matter
thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the
adjudicative parts of the judgment are equally conclusive.
The List of the Reciprocating Territories as per the Provisions of
Section 44 A of the Code of Civil Procedure, 1908
1. United Kingdom
2. Singapore
3. Bangladesh
4. UAE
5. Malaysia
6. Trinidad & Tobago
7. New Zealand
8. The Cook Islands (including Niue)and The Trust Territories of Western
Samoa
9. Hong Kong
10. Papua and New Guinea
11. Fiji
12. Aden.
Moloji Nar Singh Rao vs Shankar Saran Supreme Court held that a foreign
judgment which does not arise from the order of a superior court of a
reciprocating territory cannot be executed in India. It ruled that a fresh
suit will have to be filed in India on the basis of the foreign judgment.”
Therefore Under Section 44A of the CPC, a decree or judgment of any of the
Superior Courts of any reciprocating territory are executable as a decree or
judgment passed by the domestic Court. The judgment, once declared, will be
executed in accordance with section 51 of the Code. Thereafter, the court may
order measures such as attachment and sale of property or attachment without
sale, and in some cases arrest (if needed) in enforcement of a decree. This is
done by the methods discussed below.
Confilct between Domestic Judgment & Foreign
Judgment
The principle of res judicata embodied in the Code prohibits a court of
competent jurisdiction from trying a suit on a matter that has been substantially
decided in a prior suit between the same parties. Therefore, a decree or
judgment passed by a superior court of a foreign country cannot be enforced in
India if it contradicts an earlier conclusive judgment passed by a competent
court in a suit between the same parties. A foreign judgment passed by a court
of a non-reciprocating country can only be enforced by filing a new suit in India
where the foreign decree is merely a piece of evidence with persuasive value.
Therefore, the judgment debtor can raise the claim of res judicata and stay the
suit at the preliminary stage.
Conclusion
Therefore, the above discussion of the legal issues involved in enforcement of
foreign decrees in India emphasizes the need for the Indian business sectors
not to treat the summons received from foreign courts casually. Rather, to
contend at a later stage that the foreign decision/decree is not based on “merit”
or contrary to the provisions of the Indian Civil Procedure Code, may turn out to
be unsafe and may jeopardize the protective umbrella which the Indian
companies are so accustomed to while dealing with litigations in Indian courts.

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PG NO

2) Civil Procedure Code, 1908

3) Nature and Scope of Foreign Judgments

4) Jurisdiction of Foreign Courts

5) Presumption as to foreign judgments

6) Conclusiveness of Foreign Judgments

7) The List of the Reciprocating Territories as per the Provisions of Section

8) Confilct between Domestic Judgment & Foreign Judgment

1) R. Viswanathan v. Rukhn-ul-Mulk Syed Abdul, AIR 1963 SC 1 at pp. 14-

Civil Procedure Code, 1908

 Section 2(5) “foreign Court” means a Court situate outside India

Jurisdiction of Foreign Courts

Presumption as to foreign judgments

Section 14. Presumption as to foreign judgments – The Court shall

13. When foreign judgment not conclusive.-A foreign judgment

(a) Where it has not been pronounced by a Court of competent jurisdiction;

(c) Where it appears on the face of the proceedings to be founded on an

(e) Where it has been obtained by fraud;

In Brijlal Ramjidas v. Govindram Gordhandas Seksaria, Supreme

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