Indian Procedure to Enforce Foreign Judgements in Suits for the Recovery of Money

19 Pages Posted: 17 Mar 2014 Last revised: 28 Apr 2015

Date Written: January 24, 2014

Abstract

Aims and Objectives:

This paper is an attempt to understand when judgments of foreign courts in civil matters are enforceable by domestic courts without the need for a fresh suit.

Research Issues:

1. How are summons and processes of foreign suits issued to those present in India? What is its effect?

2. What is the effect of a judgment of a reciprocating territory? When is it unenforceable?

Scope and Limitation:

Enforcement under S. 44A of the Code of Civil Procedure of 1908 is the basis of this paper.

It does not discuss foreign judgements in contexts other than money suits in great detail.

Sources of Data:

Primary and secondary sources of data have been used herein.

Mode of Citation:

A uniform mode of citation, as prescribed in the 19th edition of the Bluebook, has been used.

Finding:

The mode of service of foreign summonses as laid down in CPC is limited and does not extend to all reciprocating territories. There is no clarity about whether the process under the Hague Convention applies, since there is no resource of the Government of India could be found that corroborates the application of such process.

Keywords: Procedure, CPC, Foreign Judgement, Money Suit, Summon, Reciprocating Territory, India, Jurisdiction, Bangladesh, Aden, U.K.

Suggested Citation

Batra, Mukta, Indian Procedure to Enforce Foreign Judgements in Suits for the Recovery of Money (January 24, 2014). Available at SSRN: https://ssrn.com/abstract=2409735 or http://dx.doi.org/10.2139/ssrn.2409735

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