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A party relies on a foreign civil judgment in an Indian civil suit. What may the opposing party ask the…

Section 13 makes a foreign judgment conclusive as to matters directly adjudicated between the relevant parties, subject to its stated exceptions. A party can rely on an…

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A party relies on a foreign civil judgment in an Indian civil suit. What may the opposing party ask the Indian court to determine under section 13 of the Code of Civil Procedure, 1908?

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Answer and explanation

Correct answer A

Section 13 makes a foreign judgment conclusive as to matters directly adjudicated between the relevant parties, subject to its stated exceptions. A party can rely on an exception such as lack of competent jurisdiction to contest conclusiveness. The Indian court determines the judgment’s effect in the suit.

Option feedback

Option A

An applicable section 13 exception defeats the ordinary conclusiveness of the judgment.

Option B

The Indian court’s inquiry concerns the judgment’s effect in India. Section 13 gives it no appellate power over the foreign court.

Option C

Section 13 sets a rule of conclusiveness and does not transfer a suit.

Option D

The provision does not convert a civil judgment into a criminal conviction.

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