Foreign judgment
Also called: Judgment of a foreign Court, Foreign decree
The judgment of a foreign Court, meaning a Court outside India not established or continued by Central Government authority. It is conclusive in India unless one of the six exceptions in Section 13 of the CPC applies.
Explained
Section 2(6) of the Code of Civil Procedure, 1908 defines a foreign judgment as the judgment of a foreign Court, and Section 2(5) defines a foreign Court as a Court situate outside India and not established or continued by the authority of the Central Government. The CPC then sets out when such a judgment binds parties in India and how it may be enforced.
Under Section 13, a foreign judgment is conclusive as to any matter directly adjudicated upon between the same parties, or parties under whom they claim litigating under the same title, except in six cases: (a) it was not pronounced by a Court of competent jurisdiction; (b) it was not given on the merits of the case; (c) it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise Indian law where applicable; (d) the proceedings were opposed to natural justice; (e) it was obtained by fraud; (f) it sustains a claim founded on a breach of any law in force in India. Section 14 raises a presumption, on production of a certified copy, that the judgment was pronounced by a Court of competent jurisdiction, which may be displaced by proving want of jurisdiction.
Enforcement depends on the source country. A decree of a superior Court of a reciprocating territory may be executed directly under Section 44A as if passed by the District Court, but execution must be refused if the decree falls within any exception in Section 13. A judgment from a non reciprocating country cannot be executed directly; the holder must file a suit in India on the foreign judgment, and the defendant may resist it on the Section 13 grounds.
The Supreme Court has explained two exceptions in detail. In International Woollen Mills v. Standard Wool (2001), an ex parte decree passed without considering any evidence was held not to be on the merits. In Y. Narasimha Rao v. Y. Venkata Lakshmi (1991), a foreign divorce decree on a ground unknown to the Hindu Marriage Act, by a Court the parties' matrimonial law did not recognise, was refused recognition. Examiners test the six exceptions, the Section 14 presumption and the Section 44A route.
What the law says
(6) “foreign judgment” means the judgment of a foreign Court;
Sections 2(5) and 2(6): foreign Court and foreign judgment
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;
Conclusiveness and six exceptions
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 of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
Presumption of competent jurisdiction
[(1) Where a certified copy of a decree of any of the superior Courts of *** any reciprocating territory has been filed in a District Court, the decree may be executed in [India] as if it had been passed by the District Court.
(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.
(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13.
Execution of decrees of reciprocating territories
Example
For example, a money decree passed abroad against a defendant who was never served and had no chance to defend is opposed to natural justice and is not conclusive in India under Section 13(d).
For the exam
- Section 2(6) CPC: foreign judgment means the judgment of a foreign Court (defined in Section 2(5)).
- Section 13 lists six exceptions to conclusiveness, including fraud and breach of natural justice.
- Section 14: presumption of competent jurisdiction on a certified copy; rebuttable.
- Decrees of reciprocating territories are executable under Section 44A; others need a fresh suit.
- An ex parte decree without consideration of evidence is not on the merits (International Woollen Mills).
82 questions in the Law Maker question bank use this term. Practise Civil Procedure Code questions
Judgments
Related terms
- Foreign CourtA Court situate outside India and not established or continued by the authority of the Central Government. Section 2(5) of the CPC.
- DecreeThe formal expression of an adjudication that conclusively determines the rights of the parties on all or any matter in controversy in a suit, as defined in Section 2(2) of the CPC.
- JudgmentUnder Section 2(9) of the CPC, the statement given by the Judge of the grounds of a decree or order.
- Res judicataA matter directly and substantially in issue that a competent court has heard and finally decided between the same parties cannot be tried again in a later suit (Section 11, CPC).
- Foreign awardAn award on commercial differences made on or after 11 October 1960 under a written New York Convention agreement, in a territory notified by the Central Government. Section 44, Arbitration Act, 1996.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.