Define the term Foreign Court

Question: Define the term Foreign Court.

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Answer

Foreign Court- According to Section 2(5) of CPC, 1908, “foreign Court” means a Court situated outside India and not established or continued by the authority of the Central Government. For example- the courts in England, Scotland, Burma, Pakistan, and those of the Privy Council are foreign Courts.

Provisions under the Civil Procedure Code on foreign courts and foreign judgments:

1. Section 2(5) – Definition of Foreign Courts
2. Section 2(6) – Definition of Foreign Judgements
3. Section 13 – When foreign judgment not conclusive
4. Section 14 – Presumption as to foreign judgments
5. Section 44 & 44A – Enforcement of judgments

Foreign courts would have jurisdiction in the following circumstances:

1. Where a person is the subject of the foreign country in which the judgment has been obtained;
2. Where he was a resident in the foreign country when the action was commenced and the summons was served on him;
3. Where the person in the character of the plaintiff selects the foreign court as the forum for taking action in which forum he issued later;
4. Where the party on summons voluntarily appeared; and
5. Whereby an agreement, a person has contracted to submit himself to the forum in which the judgment is obtained.

A foreign court has jurisdiction to give judgment in rem provided the subject matter is within (Movable/ Immovable) that country but if it is not so then the court will not be considered competent.

In an action in personam foreign courts have jurisdiction in the following cases:

1. If at the time of commencement of the action, the defendant was resident or present in that country.
2. Where defendant at the time of judgment subject or citizen of such country.
3. Where the parties objecting to jurisdiction by their own conduct submit to such jurisdiction [Also in International Law].

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