Code of Civil Procedure Section 12. Bar to further suit.
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 recognise the law of 1[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) where it sustains a
claim founded on a breach of any law in force in 1[India].
Note 1: Subs. by Act 2 of
1951, s. 3, for “the States”.
Code of Civil Procedure Section 14. Presumption as to foreign judgments.
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