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As per Section 13 of the CPC, absence of fraud is one of the essential requirements for a foreign judgement to be conclusive and enforceable in India. The Supreme Court in a case[viii] observed that under Section 13(e) of the CPC, the foreign judgment is open to challenge where it has been obtained by fraud.

For a non-reciprocating territory, a foreign judgment may be enforced by filing a new suit in an Indian court within a period of three years as specified under the Limitation Act, 1963, commencing from the date on which the judgment was passed by the foreign court.

Under Section 44A of the CPC, foreign decrees can only be executed in India if they are passed by any ?Superior Court? of any ?reciprocating territory?. The Central Government notifies from time to time as to what are the Reciprocating territories and the respective Superior Courts.

Jurisdiction Of A Foreign Court: Jurisdiction of foreign court is a requisite premise of private international law, unless a foreign court has a competent jurisdiction, the judgment delivered by it is not enforceable.

A foreign judgment passed by a court of a non-reciprocating country can only be enforced by filing a new suit in India where the foreign decree is merely a piece of evidence with persuasive value. Therefore, the judgment debtor can raise the claim of res judicata and stay the suit at the preliminary stage.

The execution of the decree/judgment from the Non-reciprocating countries or territories can be executed only by filing a new/fresh suit in an Indian court for which a limitation period of 3 years has been specified under the Limitation Act 1963, the date of the judgment passed by the foreign court is considered as the ...