B. Not Given On The Merits Of The Case:
This exception in S. 13 is basically for the purpose of ensuring that the judgment or decree is totally conclusive in nature and the plaintiff's claim has been assessed by the foreign Court before a judgment is rendered upon it.
The following are the cases in which the Courts have held that the judgments were not passed on the merits of the case and hence were inconclusive.
The fountainhead of all decisions under this head has been the decision of the Privy Council in the case of D.T. Keymer v. P. Viswanatham37. In this case, a suit for money was brought in the English Courts against the defendant as partner of a certain firm, wherein the latter denied that he was a partner and also that any money was due. Thereupon the defendant was served with certain interrogatories to be answered. On his omission to answer them his defence was struck off and judgment entered for the plaintiff. When the judgment was sought to be enforced in India, the
