§ SECTION 2(5) · CPC 1908

foreign Court

A court that sits outside India — and is not set up or kept running by the Central Government. Both must be true.

Bare Act — Section 2(5), CPC 1908

“foreign Court” means a Court situate outside India and not established or continued by the authority of the Central Government.

Present wording. The pre-Independence definition spoke of courts beyond “British India” and the Governor-General; it was modernised by the Adaptation Orders and the 1976 amendment.

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