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Res Judicata in Foro Externo: Validity of Foreign Decrees under CPC
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Shrabani Acharya
Ph.D. Scholar at National Law University Odisha, India
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Gaurav Ranna
Advocate at High Court of Orissa, India
Abstract
This research paper examines the validity and enforcement of foreign judgments under the Code of Civil Procedure (CPC), 1908. The paper highlights that only foreign judgments are recognized under CPC, not foreign proceedings. It analyses the conditions for a foreign judgment to be conclusive under Section 13, including jurisdiction and adherence to natural justice. Section 44A concerning the direct enforcement of decrees from reciprocating territories is also discussed. The study compares India's approach with the legal frameworks of the UK and the USA and uses case studies from different jurisdictions. The paper concludes by emphasizing the need to balance judicial autonomy and international legal cooperation.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 2009 - 2025
DOI: https://doij.org/10.10000/IJLMH.119278Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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