The question (6 marks)
K, who lives and carries on business in Pune, once visited a foreign country for a week on a holiday. Two years later a creditor there obtained an ex parte money decree against him from a court of that country, having told the court on affidavit that K was carrying on business within its jurisdiction, which was untrue. That country has not been notified as a reciprocating territory. The creditor now files a suit in Pune on the decree. (a) Is the foreign decree conclusive against K? (b) What must the creditor do to realise his money, and what must K plead? (6 marks)
MU Module II, foreign judgments, competence and fraud; pack ch. 02 §§8-9.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Jurisdiction and the Enforcement of Foreign Judgments of Conflict of Laws.
Authorities you will need
- Code of Civil Procedure 1908, ss. 13, 14 and 44A
- Sirdar Gurdyal Singh v. The Rajah of Faridkot, Privy Council
- Satya v. Teja Singh
- Y. Narasimha Rao v. Y. Venkatalakshmi
- Sankaran Govindan v. Lakshmi Bharathi
- Marine Geotechniques v. Coastal Marine Construction and Engineering Ltd., Bombay High Court
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.