Foreign decree recognition turns on jurisdictional objections, certified copy proof, and the statutory limits on conclusiveness.

A foreign decree relied on in Indian proceedings remains subject to the statutory exceptions governing foreign judgments, including lack of jurisdiction, breach of natural justice and fraud, so those objections may be examined rather than rejected at the threshold. A certified copy of the foreign judgment is required before the statutory presumption as to competency and genuineness of the foreign court record can arise, and that presumption is rebuttable. The provisions on foreign judgments and foreign judicial records operate together: one governs conclusiveness, the other proof and presumption. The matter was remanded for fresh adjudication of the objections and supporting evidence.

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Issues: (i) Whether objections to a foreign decree based on lack of jurisdiction, breach of natural justice, and fraud could be examined under the Code of Civil Procedure, 1908; (ii) whether production of a certified copy of the foreign judgment was necessary to attract the statutory presumption regarding competency and genuineness of the foreign court record; (iii) the interface between the evidentiary provisions governing foreign judgments and foreign judicial records.

Issue (i): Whether objections to a foreign decree based on lack of jurisdiction, breach of natural justice, and fraud could be examined under the Code of Civil Procedure, 1908.

Analysis: A foreign judgment is conclusive only to the extent permitted by the statutory exceptions. The statutory scheme allows a party resisting recognition or enforcement to contend that the foreign court lacked jurisdiction or that the judgment was otherwise hit by the exceptions to conclusiveness. Such objections are not excluded merely because the decree is relied upon in company proceedings. The court also noted that, where the foreign court has recorded jurisdictional facts, the contrary case may still be examined in accordance with law.

Conclusion: The objections were held to be legally capable of examination and could not be excluded at the threshold.

Issue (ii): Whether production of a certified copy of the foreign judgment was necessary to attract the statutory presumption regarding competency and genuineness of the foreign court record.

Analysis: The statutory presumption as to a foreign judgment arises only upon production of a certified copy of that judgment. The presumption is rebuttable and operates only to the limited extent of supporting an initial inference that the foreign court was competent. The absence of the required certified copy was treated as a matter requiring examination before the company court could conclude that the debt stood proved on the basis of the foreign decree.

Conclusion: A certified copy was necessary before the statutory presumption could be invoked, and the objection could not be ignored.

Issue (iii): The interface between the evidentiary provisions governing foreign judgments and foreign judicial records.

Analysis: The provisions dealing with foreign judgments and foreign judicial records operate together. The rule regarding foreign judicial records supplies a mode of proof and presumption, while the rule concerning foreign judgments governs conclusiveness subject to statutory exceptions. The court held that this interplay required factual and legal examination by the company judge.

Conclusion: The matter required reconsideration by the company judge in light of the relevant statutory provisions.

Final Conclusion: The appeal resulted in remand for fresh adjudication of the objections relating to the foreign decree and the supporting evidence, leaving the substantive issues open for decision on merits.

Ratio Decidendi: A foreign decree relied upon in Indian proceedings is subject to the statutory scheme governing foreign judgments and foreign judicial records, including the need for a certified copy to invoke the presumption of competency and the availability of jurisdictional and other statutory objections to its recognition or enforcement.

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