Introduction:
Foreign judgments play a crucial role in the legal system, as they help recognize and enforce legal decisions made in other countries. However, not all foreign judgments are considered conclusive or automatically enforceable.
Section 13 and Section 14 of the Civil Procedure Code, address the conditions under which a foreign judgment may not be considered conclusive and the presumption surrounding the enforceability of foreign judgments, respectively.
Section 13:
When foreign judgment not conclusive Section 13 of the Civil Procedure Code outlines situations where a foreign judgment may not be considered conclusive. It states that a foreign judgment shall not be conclusive if it falls under any of the following circumstances:
- Lack of jurisdiction: If the foreign court had no jurisdiction over the subject matter of the dispute or the parties involved, the judgment will not be considered conclusive.
- Contrary to public policy: If the judgment is against the principles of public policy in the enforcing country, it will not be recognized as conclusive.
- Violation of natural justice: If the foreign court’s proceedings were conducted in a manner that violated principles of natural justice, such as denial of an opportunity to be heard, the judgment will not be considered conclusive.
- Fraud or collusion: If there is evidence of fraud or collusion in obtaining the foreign judgment, it will not be recognized as conclusive.
Section 14:
Presumption as to foreign judgments Section 14 of the Civil Procedure Code establishes a presumption as to the enforceability of foreign judgments. It states that a foreign judgment, which is conclusive under Section 13, shall be presumed to be correct unless the contrary is proved. This presumption acts as a starting point for recognizing and enforcing foreign judgments, placing the burden of proof on the party seeking to challenge the enforceability of the judgment.
Conclusion:
Understanding the impact of Section 13 and Section 14 of the Civil Procedure Code is crucial when dealing with foreign judgments. Section 13 sets out the circumstances under which a foreign judgment may not be considered conclusive, while Section 14 establishes a presumption in favor of the enforceability of foreign judgments. By recognizing these provisions, legal practitioners can navigate the complexities surrounding the recognition and enforcement of foreign judgments with confidence.
