CPC, 1908 · Part I · Jurisdiction of the Courts
When foreign judgment not conclusive
A foreign judgment is conclusive here — unless it falls into one of six exceptions.
The bare Act
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.
How to read Section 13
A foreign judgment (§2(6)) is conclusive in India on any matter it directly decided — it operates as res judicata between the parties.
Clauses (a)–(f) are the only grounds on which that conclusiveness fails — jurisdiction, merits, law, natural justice, fraud, Indian law.
Conclusive unless an exception is shown. The party resisting it must bring the case within (a)–(f).
Conclusive — unless an exception
The default, and the only way out
(matter directly adjudicated)
operates as res judicata
if any of (a)–(f)
The six exceptions (a)–(f)
The foreign court had no jurisdiction over the matter or the defendant.
Decided by default or a technicality — not on the real dispute.
Founded on an incorrect view of international law, or a refusal to recognise Indian law where applicable.
Unfair procedure — no proper notice / hearing, or a biased court.
The judgment was procured by fraud on the court or the party.
It sustains a claim founded on a breach of any law in force in India.
The rule, dissected
The maxim behind it
Res judicata pro veritate accipitur
“A matter adjudged is accepted as true.”
Why it fits §13: a foreign judgment is treated as conclusive — accepted as true between the parties — unless one of the six exceptions is shown.
Connected rules & sections
§13 applies the res judicata idea to foreign judgments.
A certified copy is presumed to be of a competent court.
The judgment of a foreign Court (§2(5)).
Execution of decrees of reciprocating territories.
Notice + fair hearing before an impartial court.
Conclusive unless an exception is proved.