“FOREIGN COURT” – “FOREIGN JUDGMENT”

By Y.SRINIVASA RAO, PRINCIPAL SENIOR CIVIL JUDGE, TIRUPATI.

”foreign Court” section 2 (5) of Civil Procedure Code,1908:

“foreign Court” means a Court situate outside India and not established or
continued by the authority of the Central Government;
In Messrs Radhe Sham Roshan Lal v. Kundal Lal Mohan Lal, 58 Pun LR 270: ((S) AIR 1956 Punj 193), held that the law in force on the date the decree was passed is to be taken into consideration. It was observed by Khosla J. in this judgment–
“In order to determine whether a certain decree is or is not the decree of a foreign court we have to determine its nature at the time of its birth and not at some subsequent date.” ………The eights to execute a decree and the right to raise an objection to a decree are substantive rights. The right of the judgment- debtor to plead that a certain decree is a nullity cannot by any stretch of meaning be described as a procedural matter. It is a vested right in the judgment-debtor and it cannot be taken away by a provision of law which is not retroactive. On the date the decree was passed the judgment-debtor could have raised the objection that the decree was a nullity because it was a decree of a foreign court. Any subsequent change in the law could not take away that right. The right which had accrued to the judgment-debtor continued after the law was changed and the old provisions were repealed.”
The Hon’ble Punjab-Haryana High Court in Firm Gauri Lal Gurdev Das vs Jugal Kishore Sharma And Anr, AIR 1959 P H 265 held that Section 2 (5) defines a “foreign Court” as meaning a Court situate beyond the limits of a State which has no authority in the States and is not established or continued by the Central Government. In this judgment, it was also observed that The Adaptation Order also altered the definition of “foreign Courts” (Section 2 (5) and therefore introduced a new clause in Section 2 (21) defining “States.” The new clause numbered as 21 reads:
“‘State’ means a Part A State or a Part C State, and ‘States’ means all the territories for the time being comprised within Part A States and Part C States.”


”foreign judgment” section 2 (6) of CPC
“foreign judgment” means the judgment of a foreign Court;
As seen from wording in section 2(6) of CPC, “foreign judgment” means the judgment of a foreign Court. Foreign court is defined under section 2(5) as

“foreign Court” means a Court situate outside India and not established or
continued by the authority of the Central Government.
Also see :- (1967) 2 Andh WR 335 (338) (DB).
A foreign decree is defined in Explanation II to section 44A of the CPC as, “Decree” with reference to a superior court means any decree or judgment of such court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitral award, even if such an award is enforceable as a decree or judgment.

Civil Law

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