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…
Choose your answer
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?
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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