Answer ... Indian law does not specify the types of judgments that may be enforced. Instead, Section 13 of the Code of Civil Procedure, 1908 precludes those foreign judgments that come under any of the clauses (a) to (f) of Section 13 as listed below:
When foreign judgment not conclusive .-A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except,—
(a) Where it has not been pronounced by a Court of competent jurisdiction;
(b) Where it has not been given on the merits of the case;
(c) Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;
(d) Where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) Where it has been obtained by fraud; and
(f) Where it sustains a claim founded on a breach of any law in force in India.
All the adjudicative parts of the foreign judgment must be equally conclusive. Before seeking to enforce a foreign judgment or decree, the party seeking enforcement must ensure that the foreign judgment or decree does not fall under the above-mentioned exceptions. If a foreign judgment or decree falls under any of these exceptions, it will not be regarded as conclusive and hence will not be enforceable in India.
The courts in India have recognised that interlocutory orders on costs, jurisdiction, divorce decrees, monetary judgments, mandatory injunctions and anti-suit injunctions are enforceable in India. They have also held that even ex parte decisions are enforceable if the entire established procedure in trial is followed, the judgment is based on the merits of the dispute and the judgment holder was directed to prove its case even in the absence of a defence by the defendant.
On the other hand, default judgments, judgments from summary or special procedures, formal judgments and judgments imposing punitive damages and penalties or quasi-judicial orders have been held to be unenforceable in India.
Answer ... Yes. The foreign judgment must be conclusive and must not fall within any of the exceptions set out in Section 13 of the Code of Civil Procedure.
Answer ... No, a foreign judgment is not enforceable if it is subject to appeal in the foreign jurisdiction. A foreign judgment must be conclusive in order to be rendered enforceable. If an appeal is pending against the judgment in the foreign court of appeal, it will not be deemed final and conclusive for the purposes of enforcement in India.
Answer ... In cases where a judgment is obtained from the courts of a non-reciprocating territory, it may be enforced by filing a new suit in an Indian court, for which a limitation period of three years is specified under the Limitation Act, 1963 commencing from the date on which the judgment was passed by the foreign court.
In a recent decision relating to a judgment passed by a reciprocating territory, Bank of Baroda v Kotak Mahindra (Civil Appeal 2175 Of 2020), the Supreme Court observed that the limitation period will be based on the statute of limitations that prevails in the country where the judgment has been passed (lex causae). However, if the decree holder first takes step-in aid to execute the decree in the country where the judgment has been passed and the decree is not fully satisfied, it can file a petition for execution in India within three years of finalisation of the execution proceedings in that country.