Foreign decree must be on the merits to be conclusive and executable in India under Section 13(b).

A foreign decree is conclusive in India only if it is a judgment on the merits under Section 13(b) of the Code of Civil Procedure. A decree passed under a summary procedure does not become a merits-based judgment merely because the defendant appeared or sought leave to defend; the decisive question is whether the foreign court actually applied its mind to the truth of the parties' contentions. On the stated facts, the Singapore decree followed refusal of leave to defend and not an adjudication of the defence on merits, so it was not conclusive and could not be executed in India.

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Issues: Whether a decree passed by the Singapore High Court after the defendants appeared and applied for leave to defend, but without a trial on the merits, could be treated as a judgment on the merits and therefore be conclusive and executable in India under Section 13(b) of the Code of Civil Procedure.

Analysis: A foreign judgment is conclusive only if it has been given on the merits of the case. A decree passed under a summary procedure does not satisfy that test merely because the defendant entered appearance or filed affidavits seeking leave to defend. The controlling consideration is whether the court was required to determine the truth or falsity of the parties' contentions and whether it actually applied its mind to the merits. On the facts, the Singapore decree was passed after refusal of leave to defend and not after an adjudication of the defence on merits. The authorities relied upon support the view that such a decree, though not ex parte in the strict sense, is still not a judgment on the merits for Section 13(b).

Conclusion: The decree was not a judgment on the merits and could not be treated as conclusive under Section 13(b) of the Code of Civil Procedure; execution in India against the appellant was therefore not maintainable.

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