https://www.taxtmi.com/caselaws?id=196705 A foreign decree can be executed in India under section 44A of the Code of Civil Procedure if it qualifies as a judgment on merits under section 13(b). Where the foreign court followed its own summary procedure, but the defendant was personally served, acknowledged service, gave notice of intention to defend, and leave to defend was refused before judgment was entered, the decree is treated as one on merits. Mere use of a summary procedure does not by itself defeat enforceability, especially when no procedural violation is shown and the statutory presumptions under the Evidence Act are not displaced. en-us Wed, 05 May 1999 00:00:00 +0530 Tue, 12 Dec 2017 17:23:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196705 A foreign decree can be executed in India under section 44A of the Code of Civil Procedure if it qualifies as a judgment on merits under section 13(b). Where the foreign court followed its own summary procedure, but the defendant was personally served, acknowledged service, gave notice of intention to defend, and leave to defend was refused before judgment was entered, the decree is treated as one on merits. Mere use of a summary procedure does not by itself defeat enforceability, especially when no procedural violation is shown and the statutory presumptions under the Evidence Act are not displaced. Case-Laws Indian Laws Wed, 05 May 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196705