The purpose of this article/paper is to investigate the binding character of foreign judgements, i.e. decisions issued by foreign courts, as well as the scope and intent of section 13 of either the C.P.C. The study also explains the circumstances in which foreign court judgements generate the rule of injunction or res judicata.
A foreign court is located outside of India and is not formed or maintained by the National Government. A foreign judgment is one issued by a foreign court. To put it another way, a foreign judgment refers to a decision made by a foreign court on a subject before it.
As a result, decisions rendered by courts in England, France, Germany, the United States, and elsewhere are considered foreign judgments.
In the context of foreign judgements, Sections 13 and 14 impose a res judicata rule. Except in the situations indicated in Section 13, these regulations express the concept of civil procedure that a decision rendered by a foreign judgment can be enforced by a Judge and would serve as arbitration proceedings here between defendants.
Sec. 13, C.P.C.’s Nature and Scope
Except in the six instances listed in Section 13 and under the additional requirements listed in Section 11 of the C.P.C., a foreign decision may be used as res judicata. The regulations outlined in this section are civil liability rules, not procedural rules.
The fact that its foreign decision may fail to establish that each distinct issue, such as the contractual parties’ status or the number of damages, was independently framed and determined, is immaterial even if it could be proved that this failure falls under one of Section 13’s exceptions.
Sections 13 and 14’s Purpose
The idea that when a judge has decided on a claim, a legal responsibility to fulfil that claim emerges is applied to foreign court judgments. The norms of private global law of each state must, by their very design, differ, although some standards are acknowledged as universal to civilized realms by the united nations.
These similar norms have been enacted as components of each State’s legal system to handle disputes containing a member state and to carry out decisions of foreign nations in specific issues, or as a result of the global treaties.
Such acknowledgement is given not as politeness, but based on fairness, equality, and good conscience. An understanding of foreign law in a paralleled domain would help define our conceptions of fairness and social policy. We are exclusive inside our borders, yet “taking account of international law is not a derogation of the sovereign.”
“Folks are not so municipal namely to say that every alternative of a major issue is wrong so even though we come to terms with it at home,” a great reformer rightly discovered; and we will not dismiss foreign judicial processes unless doing “will also violate some crucial justice, some prevalent conceptualizations of good morrow.”
Not By A Competent Court- Foreign Judgment
It is a basic legal concept that a sentence or order issued by a court with no authority is null and invalid. As a result, for a decision of a secret state to be binding on the parties, it must be rendered by a competent authority.
Such a decision must be rendered by a court that is both valid under the law of the state that has established it and responds in a universal sense, and it must have deliberated on the “matter” that is claimed as res judicata. However, the decision, i.e. the ultimate adjudication, is decisive, not the reason for the national court’s ruling.
If A sues B in a judicial officer and the case is rejected, the judgment will prevent A from filing a new suit in India on identical grounds. If, on the other hand, a foreign court issues a decree in support of A against B, or A needs to sue B in India based on the decision, B will be barred from raising the same issues that were directly and materially in question in the suit and decided by the higher court.
Gurdayal Sigh v. Rajah of Faridkot.
Inside this case, A filed a lawsuit against B as in the trial of the Home State of Faridkot, alleging that B stole Rs. 60,000 while he was working for A in Faridkot.
Because B did not show up for the hearing, the superior court order was issued against him. B was from Jhind, another Native State. Around 1869, he fled Jhind for Faridkot, where he joined the army of A. However, he quit A’s service in 1874 and headed to Jhind. The current lawsuit was made against him before 1879 when Gandhi neither lived nor was incorporated in Faridkot.
On these grounds, the Faridkot court lacked jurisdiction to hear an action against B based only on a personal grievance against him, according to basic principles of international law. Within those conditions, the decree issued by the Faridkot court was null and void.
When A filed a complaint against B in a British Indian court based on the Faridkot court’s decision, the claim was dismissed because the Faridkot court lacked jurisdiction to hear the case. The sole possibility that misappropriation occurred in Faridkot did not confer sovereignty on the Faridkot court, which would have had full authority to hear the case and issue a judgement against him.
A court also lacks the authority to issue a decree in the case of property owners located in another country.
Section’s rules – Awards
The section’s rules do not offer individual awards. That is not possible for the party who seems to be a party to just the gold award to argue that the award was not made on the facts of the case. For example, if the award was made in violation of natural justice principles or was obtained illegally, the party is not barred from asserting such claims.
However, it is difficult to comprehend the position that, just as a party may argue that a general rule was not rendered on the merits of the matter, a party opposing the action on the award may also argue that the decision was not rendered on the verdict.
The courts will be obligated to take notice of an award made in a foreign nation only if it is confirmed by a decree of this kind of continent’s Court, but with such a decree, the reward must be regarded quasi.
Conclusion
As a result, a simple reading of the section implies that a foreign decision would be binding on any case directly handled between the other parties. As a result, we can determine that a sentence of a higher nation produces estoppel or res nai even between parties if the ruling is not amenable to challenge under any of Section 13’s clauses (a) to (f).
If a party makes the claim and then abandons it during the trial of an action, and the decree in that suit inevitably indicates the claim was not accepted by the court, or else the judiciary must still be regarded to have decided directly against it.
