Enforcement Of Foreign Judgments And Decrees In India

The Indian Code of Civil Procedure, 1908 (CPC) lays down the procedure for enforcement of foreign judgments and decrees in India. The basic principle which is followed while enforcing a foreign judgment or decree in India is to ensure that the judgment or decree is a conclusive one, passed on the merits of the case and by a superior court having competent jurisdiction.

What is a foreign judgment or a foreign decree?

A foreign judgment is defined under section 2 (6) of the CPC as a judgment of a foreign court. A foreign court, under section 2(5) of CPC, means a court situated outside India and not established or continued by the authority of the Central Government.

A foreign decree is defined in Explanation II to section 44A of the CPC as, "Decree" with reference to a superior court means any decree or judgment of such court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a