Number Pages In PDF Foreign Judgments Templates For Free

Civil Procedure Code, 1908 Section 2(5) ?foreign Court? means a Court situate outside India and not established or continued by the authority of the Central Government[1].

13 And 14. The judgment of a foreign court is enforced on the principle that where a court of competent jurisdiction has adjudicated upon a claim, a legal obligation arises to satisfy that claim.

Enforcement of a Foreign Judgment in the U.S. Enforcement cannot be accomplished by means of letters rogatory in the United States. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court.

Introduction. Section 2(6) of the Code of Civil Procedure, 1908 (CPC) defines a foreign judgement as a judgement of a foreign court. A foreign court is defined by Section 2(5) of the CPC as a court situated outside India and not established or continued by the authority of the Central Government.

Foreign Judgement Not by a Competent Court It is a fundamental principle of law that a judgement or order passed by a court with no jurisdiction is null and void. Thus, for a foreign court's decision to be binding on the parties in India, it must be rendered by a court of competent jurisdiction.

In cases where a judgment is obtained from the courts of a non-reciprocating territory, it may be enforced by filing a new suit in an Indian court, for which a limitation period of three years is specified under the Limitation Act, 1963 commencing from the date on which the judgment was passed by the foreign court.