Foreign judgment enforcement in India upheld where no Section 13 exception was shown and suit was maintainable.

A foreign judgment and decree may be enforced in India through a suit founded on that judgment, because Section 13 of the Code of Civil Procedure treats such judgment as conclusive on matters directly adjudicated upon, subject only to the statutory exceptions. The Indian court does not re-open the merits or test the correctness of the foreign decision. As the defendant remained ex parte and did not show that any exception to conclusiveness applied, there was no legal bar to relief. The suit was therefore maintainable and a decree was granted for the claimed amount together with interest and costs.

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Issues: Whether a suit based on a foreign judgment and decree was maintainable and entitled to a decree under Section 13 of the Code of Civil Procedure in the absence of any challenge falling within the statutory exceptions.

Analysis: Section 13 of the Code of Civil Procedure makes a foreign judgment conclusive between the parties as to matters directly adjudicated upon, subject to the statutory exceptions. A foreign decree can be enforced in India by a suit founded on that judgment, and the Indian court does not re-examine the merits of the original claim or the correctness of the foreign decision. Since the defendant remained ex parte and did not place the case within any of the exceptions to conclusiveness under Section 13, there was no legal obstacle to granting relief on the basis of the foreign decree.

Conclusion: The suit was maintainable and the plaintiff was entitled to a decree for the amount claimed with interest and costs.

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