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    Question

    Section 13 of CPC provides that a Foreign Judgement

    shall ______________ ?
    A be conclusive Correct Answer Incorrect Answer
    B not be conclusive Correct Answer Incorrect Answer
    C be conclusive in certain situations Correct Answer Incorrect Answer
    D be conclusive except in 6 conditions as provided Correct Answer Incorrect Answer
    E It’s the court’s discretion Correct Answer Incorrect Answer

    Solution

    Section 13. When foreign judgment not conclusivee — 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  [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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