https://www.taxtmi.com/caselaws?id=198763 A foreign ex parte decree is conclusive under Section 13 of the Code of Civil Procedure only if it is shown to have been decided on the merits. A decree passed merely because the defendant did not appear, without evidence being recorded or the claim being judicially examined for truth or falsity, is not a decision on the merits. Non-appearance alone does not amount to an admission of the claim. Where the foreign court has not adjudicated the claim on evidence, the decree cannot support a suit in India and is not maintainable as a basis for enforcement or recognition. en-us Fri, 11 Oct 1957 00:00:00 +0530 Thu, 08 Feb 2018 15:08:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198763 A foreign ex parte decree is conclusive under Section 13 of the Code of Civil Procedure only if it is shown to have been decided on the merits. A decree passed merely because the defendant did not appear, without evidence being recorded or the claim being judicially examined for truth or falsity, is not a decision on the merits. Non-appearance alone does not amount to an admission of the claim. Where the foreign court has not adjudicated the claim on evidence, the decree cannot support a suit in India and is not maintainable as a basis for enforcement or recognition. Case-Laws Companies Law Fri, 11 Oct 1957 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198763