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Question

Conditions when foreign judgment is not conclusive are laid down in which Section of the Code of Civil Procedure, 1908?

A Section 18 Correct Answer Incorrect Answer
B Section 13 Correct Answer Incorrect Answer
C Section 15 Correct Answer Incorrect Answer
D Section 14 Correct Answer Incorrect Answer

Solution

As per CPC, foreign judgments have been discussed to be not conclusive in certain situations as enlisted under s.13. Section 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 India.

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