https://www.taxtmi.com/caselaws?id=292429 A foreign ex parte decree is enforceable in India only if it is a judgment on the merits under Section 13(b) of the Civil Procedure Code. Where the defendant does not appear, substituted service is shown, and the foreign court proceeds ex parte by decree nisi and decree absolute, the decree will still fail if the record does not show adjudication on the evidence, proper use of affidavit material, or proof of the claim in the manner required by the foreign procedural law. On the stated facts, the decree was treated as a default decree rather than a merits-based adjudication, so the suit on the foreign judgment was held not maintainable. en-us Tue, 26 Mar 1929 00:00:00 +0530 Wed, 23 Dec 2020 14:23:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=292429 A foreign ex parte decree is enforceable in India only if it is a judgment on the merits under Section 13(b) of the Civil Procedure Code. Where the defendant does not appear, substituted service is shown, and the foreign court proceeds ex parte by decree nisi and decree absolute, the decree will still fail if the record does not show adjudication on the evidence, proper use of affidavit material, or proof of the claim in the manner required by the foreign procedural law. On the stated facts, the decree was treated as a default decree rather than a merits-based adjudication, so the suit on the foreign judgment was held not maintainable. Case-Laws Indian Laws Tue, 26 Mar 1929 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=292429