FOREIGN JUDGMENTS

1. INTRODUCTION:

2. DEFINITIONS:

Code of Civil Procedure, 1908

Section 2 (6)
"Foreign judgment" means the judgment of a foreign Court

Case Law Definition:

PLD 1960 594
“It refers to the decree or order of the foreign court and not to the statement or reasons for
such adjudication.”

3. INCONCLUSIVE FIREIGN JUDGMENT

I. Judgment Not By Court Of Competent Jurisdiction:

Competence is determined by International Law and not by Municipal Law
Territorial competence of foreign court over defendant or subject matter
For Example:
a. Defendant is citizen of that state
b. Defendant is resident of that state
c. Defendant sued as plaintiff in that country before
d. Defendant contracted to submit himself to jurisdiction of that forum
e. Defendant voluntarily appeared before that forum

II. Judgment Not On Merits:

Test is whether judgment was given as penalty for non appearance or on the basis
of genuineness of his claim

III. Judgment Against International Law or Recognition of Pakistani Law

“Lex Loci Contracts”
Law of the place where contract was made, shall be applicable

“Lex Loci Solutions”

Law of the place where contract is to be performed shall be applicable

IV. Judgment Opposed to Principles of Natural Justice:

 Audi Alteram Partem
No one can be condemned unheard
 Defendant was duly represented

V. Judgment Obtained By Fraud

 Fraud committed in procedure
 Foreign judgment cannot be challenged in Pakistan on basis of fraud

VI. Judgment Founded on Breach of Law of Pakistan

 Judgment against law, Public Policy or injunctions of Islam

4. COURSES AVAILABLE AFTER FOREIGN JUDGMENT:

A. Execution:
Proceedings under Section 44A

B. Suit
i. Suit on the basis of foreign judgment as cause of action
 Within 6 years as per Article 117, Limitation Act, 1908
 ii. Suit on the basis of original cause of action

5. APPLICATION:
Operates as re-judicata, if conditions of Section 11 and 13 are fulfilled

6. NATURE OF FOREIGN JUDGMENT:

Judgment in Personam governed by Section 13
Judgment in Rem governed by Qanoon e Shahadat Order, 1984

7. CONCLUSION: