https://www.taxtmi.com/caselaws?id=282339 A foreign ex parte decree entered only because no defence was filed, without adjudication of the underlying controversy, is not a judgment on the merits and therefore lacks conclusiveness under Section 13 of the Code of Civil Procedure, 1908. As enforcement in India depends on satisfying Section 13 exceptions, such a decree cannot be executed under Section 44A. The Court also found territorial jurisdiction because enforcement was sought within Delhi and the plaintiff was based there, held the suit maintainable to resist execution, accepted invocation of Section 13, and rejected the limitation objection for want of proof. Enforcement was refused and declaratory and injunctive reliefs succeeded. en-us Wed, 14 Nov 2007 00:00:00 +0530 Sat, 03 Aug 2019 11:58:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=282339 A foreign ex parte decree entered only because no defence was filed, without adjudication of the underlying controversy, is not a judgment on the merits and therefore lacks conclusiveness under Section 13 of the Code of Civil Procedure, 1908. As enforcement in India depends on satisfying Section 13 exceptions, such a decree cannot be executed under Section 44A. The Court also found territorial jurisdiction because enforcement was sought within Delhi and the plaintiff was based there, held the suit maintainable to resist execution, accepted invocation of Section 13, and rejected the limitation objection for want of proof. Enforcement was refused and declaratory and injunctive reliefs succeeded. Case-Laws Indian Laws Wed, 14 Nov 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=282339