Section 2(6) CPC — Foreign Judgment

Introduction

Section 2(6) of the Code of Civil Procedure, 1908 defines the expression “Foreign Judgment.” The provision is important in cases where a judgment delivered by a Court outside India is sought to be recognised, relied upon or enforced in India.

Under Section 2(6), a Foreign Judgment means the judgment of a Foreign Court.

The definition is short, but it must be read together with Section 2(5), which defines “Foreign Court”, and Sections 13 and 14, which deal with the conclusiveness and evidentiary presumption relating to foreign judgments.

Section at a Glance

Particular	Details
Provision	Section 2(6) CPC
Defined expression	Foreign Judgment
Meaning	Judgment of a Foreign Court
Related definition	Section 2(5) — Foreign Court
Main provisions	Sections 13 and 14
Enforcement of certain foreign decrees	Section 44A
Main significance	Recognition and effect of judgments delivered by foreign Courts

Statutory Provision

Section 2(6) CPC provides:

“Foreign judgment” means the judgment of a foreign Court.

The definition is concise and must therefore be understood together with the definition of Foreign Court under Section 2(5).

Meaning of Foreign Judgment

In simple terms, a Foreign Judgment is a judgment delivered by a Court that qualifies as a Foreign Court under Section 2(5) CPC.

The definition therefore operates through Section 2(5):

Foreign Court → gives a Foreign Judgment

A judgment delivered by a Court outside India does not become legally conclusive in India merely because it is called a foreign judgment. Its effect in India is subject to the requirements and exceptions contained in the CPC.

Relationship Between Sections 2(5) and 2(6)

These provisions should always be studied together.

Section 2(5)

Defines Foreign Court as a Court situated beyond the limits of India and not established or continued by the authority of the Central Government.

Section 2(6)

Defines Foreign Judgment as the judgment of a Foreign Court.

Therefore, Section 2(6) depends upon the meaning assigned to “Foreign Court” under Section 2(5).

Provision	Subject
Section 2(5)	Defines Foreign Court
Section 2(6)	Defines Foreign Judgment
Section 13	Determines when a foreign judgment is not conclusive
Section 14	Provides presumption regarding foreign judgments
Section 44A	Provides for execution of certain foreign decrees

Foreign Judgment vs Domestic Judgment

A domestic judgment is delivered by an Indian Court exercising jurisdiction within India.

A Foreign Judgment is delivered by a Court qualifying as a Foreign Court under Section 2(5).

Basis	Domestic Judgment	Foreign Judgment
Court	Indian Court	Foreign Court
Definition	Not separately defined as “domestic judgment” under Section 2	Section 2(6)
Territorial element	Indian jurisdiction	Court situated beyond India, subject to Section 2(5)
Recognition	Governed by Indian procedural law	Subject to Sections 13 and 14
Execution	Governed by CPC and applicable law	May involve Section 44A where applicable

Foreign Judgment vs Foreign Decree

The terms foreign judgment and foreign decree should not be treated as identical.

A judgment is the decision of the Court containing the basis or grounds of its adjudication, while a decree is the formal expression of an adjudication satisfying Section 2(2).

A foreign Court may deliver a judgment that results in a decree.

Therefore:

Foreign Judgment = judgment of a Foreign Court

Foreign Decree = decree passed by a Foreign Court

The distinction becomes particularly important when considering enforcement in India because Section 44A specifically deals with the execution of certain foreign decrees.

Section 13 — When Foreign Judgment Is Not Conclusive

Section 13 is one of the most important provisions to study with Section 2(6).

It provides that a foreign judgment is generally conclusive as to matters thereby directly adjudicated upon between the parties, subject to the exceptions contained in the provision.

A foreign judgment is not conclusive where:

1. It Has Not Been Pronounced by a Court of Competent Jurisdiction

If the foreign Court lacked competent jurisdiction over the matter or parties, the judgment will not be conclusive in India.

2. It Has Not Been Given on the Merits of the Case

A judgment that has not been given on the merits may fall within the statutory exception.

3. It Appears to Be Founded on an Incorrect View of International Law

Where the judgment is founded on an incorrect view of international law, or in a case in which Indian law is applicable, on a refusal to recognise the law of India, the judgment is not conclusive.

4. Proceedings Were Opposed to Natural Justice

A foreign judgment will not be conclusive where the proceedings were opposed to natural justice.

This can involve matters such as denial of a fair opportunity to present one’s case.

5. Judgment Was Obtained by Fraud

Fraud undermines the conclusiveness of a foreign judgment.

Where the judgment was obtained by fraud, the statutory exception under Section 13 applies.

6. Judgment Sustains a Claim Founded on a Breach of Law in Force in India

A foreign judgment will not be conclusive where it sustains a claim founded on a breach of law in force in India.

Important Principle Under Section 13

The important point is:

A foreign judgment is not automatically conclusive in India.

The Court must examine whether any of the exceptions under Section 13 applies.

Thus, Section 2(6) identifies what constitutes a foreign judgment, while Section 13 determines the circumstances in which that judgment will or will not have conclusiveness in India.

Section 14 — Presumption as to Foreign Judgments

Section 14 provides a presumption concerning the jurisdiction of the foreign Court.

Where a certified copy of a foreign judgment is produced, the Court may presume that the judgment was pronounced by a Court of competent jurisdiction unless:

• the contrary appears from the record; or
• the contrary is proved.

This is a rebuttable presumption.

Therefore, Section 14 does not make every foreign judgment automatically valid or conclusive.

It merely establishes a statutory presumption concerning the competence of the foreign Court, subject to rebuttal.

Section 44A — Execution of Foreign Decrees

Section 44A deals with the execution in India of decrees passed by superior Courts of reciprocating territories.

Where the statutory conditions are satisfied, such a decree may be executed in India in accordance with the mechanism provided by Section 44A.

This is different from merely relying upon a foreign judgment as evidence or seeking recognition of its conclusiveness.

Therefore:

Recognition of Foreign Judgment → Sections 13 and 14

Execution of certain Foreign Decrees → Section 44A

Recognition vs Enforcement

These concepts should be distinguished.

Recognition

Recognition concerns whether the foreign judgment should be accepted as having legal effect or conclusiveness in India.

Section 13 is central to this question.

Enforcement

Enforcement concerns the process of giving effect to the rights created or recognised by the foreign decision.

Section 44A provides a statutory mechanism for execution of certain foreign decrees from reciprocating territories.

Thus, a foreign judgment may be relevant for recognition even where the specific mechanism for direct execution under Section 44A is not available.

Competent Jurisdiction

Competent jurisdiction is a crucial concept under Section 13.

A foreign judgment will not be conclusive in India if it was not pronounced by a Court of competent jurisdiction.

The question is therefore not merely:

“Was the judgment delivered by a foreign Court?”

It is also:

“Did that foreign Court have competent jurisdiction in the circumstances?”

The jurisdiction of the foreign Court may therefore become a major issue when the judgment is relied upon in India.

Natural Justice

Section 13 also protects against recognition of foreign judgments where the proceedings were opposed to natural justice.

The principle generally requires a fair judicial process, including an adequate opportunity to:

• receive notice;
• present one’s case; and
• participate meaningfully in the proceedings.

A judgment obtained through proceedings fundamentally inconsistent with natural justice may therefore fail the conclusiveness test under Section 13.

Foreign Judgment Obtained by Fraud

Fraud is another express exception under Section 13.

The principle is that a party should not be permitted to obtain legal advantage in India from a foreign judgment procured through fraud.

Therefore, when a foreign judgment is relied upon, the circumstances in which it was obtained may be examined where the statutory requirements permit such examination.

Practical Examples

Example 1 — Foreign Money Judgment

A Court in a foreign country passes a judgment directing B to pay money to A.

The judgment is a Foreign Judgment under Section 2(6), provided the Court qualifies as a Foreign Court under Section 2(5).

If A seeks to rely upon the judgment in India, Section 13 becomes relevant.

Example 2 — Lack of Jurisdiction

A foreign Court delivers a judgment against B, but the Court did not have competent jurisdiction in the circumstances.

B may challenge the conclusiveness of the judgment in India under the relevant exception in Section 13.

Example 3 — Fraud

A obtains a foreign judgment against B by deliberately concealing material facts and practising fraud upon the foreign Court.

If the requirements of the statutory exception are established, the judgment will not be conclusive in India.

Example 4 — Natural Justice

A foreign Court delivers a judgment against B without giving B a fair opportunity to participate in the proceedings.

The judgment may fall within the natural justice exception under Section 13.

Example 5 — Foreign Decree from a Reciprocating Territory

A foreign Court passes a decree in a reciprocating territory and the decree satisfies the requirements of Section 44A.

The decree-holder may seek execution in India through the mechanism provided by that provision.

Judicial Interpretation

International Woollen Mills v. Standard Wool (U.K.) Ltd.

The Supreme Court examined the meaning and requirements of a judgment being given on the merits for the purposes of Section 13.

Relevance: The case is important for understanding that the mere existence of a foreign judgment does not automatically establish its conclusiveness in India.

R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid

The Supreme Court considered the principles governing recognition of foreign judgments and the relevance of jurisdiction in determining their effect in India.

Relevance: The case illustrates the importance of examining the jurisdiction of the foreign Court when Section 13 is applied.

Y. Narasimha Rao v. Y. Venkata Lakshmi

The Supreme Court examined recognition of foreign matrimonial judgments and emphasised the importance of the conditions contained in Section 13.

Relevance: The case demonstrates that a foreign judgment cannot automatically be treated as conclusive in India when the statutory requirements for recognition are not satisfied.

Practical Importance in Civil Litigation

Section 2(6) becomes important whenever an Indian proceeding involves a judgment delivered outside India.

The Court may need to consider:

1. whether the decision was delivered by a Foreign Court;
2. whether the foreign Court had competent jurisdiction;
3. whether the judgment was given on the merits;
4. whether the proceedings complied with natural justice;
5. whether the judgment was obtained by fraud;
6. whether it conflicts with applicable Indian law; and
7. whether the foreign decree can be executed in India under Section 44A.

The definition is therefore the starting point for a much broader legal inquiry.

Common Confusions

Every Judgment Delivered Outside India Is Automatically Enforceable

Incorrect.

Recognition and enforcement are subject to the CPC and applicable principles of law.

Every Foreign Judgment Is Conclusive in India

Incorrect.

Section 13 expressly provides exceptions.

Foreign Judgment and Foreign Decree Are Identical

Incorrect.

A judgment and a decree have different meanings under the CPC. Section 44A specifically addresses execution of certain foreign decrees.

Section 2(6) Decides Whether the Judgment Is Valid in India

Incorrect.

Section 2(6) merely defines “Foreign Judgment.”

The question of conclusiveness is primarily governed by Section 13, while Section 14 deals with the evidentiary presumption concerning jurisdiction.

Section 14 Makes Every Foreign Judgment Conclusive

Incorrect.

Section 14 creates a rebuttable presumption concerning the competence of the foreign Court. It does not remove the exceptions under Section 13.

Importance for Law Students and Judiciary Exams

Section 2(6) is short but should always be studied as part of the foreign judgment framework.

What to Remember

• Section 2(6) defines Foreign Judgment.
• A Foreign Judgment means the judgment of a Foreign Court.
• Section 2(5) defines Foreign Court.
• Section 13 deals with when a foreign judgment is not conclusive.
• Section 14 provides a rebuttable presumption concerning the jurisdiction of the foreign Court.
• Section 44A concerns execution of certain foreign decrees from reciprocating territories.
• A foreign judgment is not automatically conclusive or enforceable in India.
• Jurisdiction, merits, natural justice, fraud and compliance with Indian law are important considerations under Section 13.

Important Questions to Prepare

1. Define “Foreign Judgment” under Section 2(6) CPC.
2. What is the relationship between Sections 2(5) and 2(6)?
3. What is meant by a Foreign Court?
4. When is a foreign judgment not conclusive under Section 13?
5. What is the significance of competent jurisdiction under Section 13?
6. What is the effect of a foreign judgment not given on the merits?
7. How does natural justice affect the conclusiveness of a foreign judgment?
8. What is the effect of fraud on a foreign judgment?
9. Explain the presumption under Section 14.
10. Distinguish between recognition of a foreign judgment and execution of a foreign decree.
11. Explain the relevance of Section 44A to foreign decrees.
12. Distinguish between Foreign Judgment and Foreign Decree.

Key Legal Principles

1. Foreign Judgment means the judgment of a Foreign Court

This is the exact statutory relationship between Sections 2(5) and 2(6).

2. A foreign judgment does not automatically become conclusive in India

Its conclusiveness is subject to the exceptions contained in Section 13.

3. Competent jurisdiction is essential

A judgment delivered without competent jurisdiction is not conclusive in India.

4. Natural justice is a significant safeguard

A foreign judgment arising from proceedings opposed to natural justice may not be recognised as conclusive.

5. Fraud defeats conclusiveness

A judgment obtained by fraud falls within the express exception under Section 13.

6. Section 14 creates a rebuttable presumption

Production of a certified copy of a foreign judgment may give rise to a presumption of competent jurisdiction, but the presumption can be rebutted.

7. Recognition and execution are distinct

Sections 13 and 14 primarily concern recognition and conclusiveness, whereas Section 44A provides a mechanism for execution of certain foreign decrees.

Key Takeaways

Concept	Principle
Provision	Section 2(6) CPC
Defined term	Foreign Judgment
Definition	Judgment of a Foreign Court
Related definition	Section 2(5) — Foreign Court
Conclusiveness	Section 13
Presumption	Section 14
Execution of certain foreign decrees	Section 44A
Important exceptions	Lack of jurisdiction, not on merits, incorrect view/refusal to recognise applicable law, natural justice, fraud, breach of Indian law
Key distinction	Foreign Judgment is not automatically enforceable in India
Examination point	Section 2(6) must be read with Sections 2(5), 13 and 14

ALSO READ: Section 2(5) – Foreign Court

Conclusion

Section 2(6) CPC defines “Foreign Judgment” simply as the judgment of a Foreign Court. Although the definition is brief, it forms the foundation for the CPC’s legal framework governing foreign judicial decisions.

The provision must be read together with Section 2(5), which defines Foreign Court, and Sections 13 and 14, which govern the conclusiveness and presumption relating to foreign judgments. Where enforcement of a foreign decree is sought, Section 44A may also become relevant if its statutory requirements are satisfied.

The most important principle is that a foreign judgment is not automatically conclusive or enforceable in India. Its legal effect depends upon the requirements and exceptions provided by the CPC, particularly those contained in Section 13.