...) does not amount to a judgment “on merits of the case” and is therefore not conclusive under Section 13(b) of the Civil Procedure Code (“CPC”, for short).4.2 In the alternative....7. It is further submitted that Section 13 CPC specifically excludes the execution of such decrees which are mentioned under clauses (a) to (f) thereof and this section does not mention decrees for...the Exceptions to Section 13 CPC?11.2 (ii) Whether the order passed by the foreign court amounts to a “decree” and the same is executable?11.3...

...enforcing the said judgment. Paragraphs 34 and 35 are relevant, which reads as under:—“34. As we have seen Ext. P1 to P3 judgments cannot stand the test of Section 13 CPC. Even if it is...) of Section 13 CPC, then it shall be treated as conclusive as to any matter directly adjudicated thereby, and then also it will not entitle the petitioner to get another decree from an Indian Court...view of S. 13 of the Code of Civil Procedure, the judgment of the foreign court was not conclusive in order to invoke the jurisdiction of the Family Court and therefore no decree can be passed...

...decree is sustainable and Section 13 CPC, sets out the limitations on the amplitude of the right. This proposition is not disputed but what Shri Desai argues is that the decree being “evacuee property...the same parties” subject to the exceptions enumerated in Section 13 CPC. None of these nullifying clauses being attracted, prima facie the foreign judgment on which the plaintiff founds his present...Rule 15 and Section 15 CPC. Many roadblocks in the way of the executability of the decree were placed by the judgment-debtor but the High Court of Punjab at Chandigarh, assisted by eminent counsel...

...that court. The’ question to be considered is whether such a judgment satisfies the requirement of section 13 CPC. Section 13 CPC provides the circumstances when a foreign judgment is not conclusive and...therefore, such a judgment is not a judgment on merits as provided in section 13(b) of CPC and as explained by the Apex Court in the judgment noticed above.7...Superior Court (Ext. A3) is valid. That OP was dismissed by the Family Court by judgment dated 21.4.2012 mainly on the ground that the conditions specified in section 13 of the Code...

...counsel for the petitioners, the decree for divorce granted by a foreign court is also binding and the foreign judgment is conclusive unless it falls in exception of Section 13 CPC.8...certificate dated 6.10.2004, refused to recognised the foreign judgment which is binding under Section 13 CPC upon the parties as a conclusive judgment. It is nobody's case that the judgment or order of...Supreme Court of British Columbia obtained by the petitioner No. 2 falls in any of the exceptions of Section 13 CPC particularly sub-clause (c) of Section 13.20. It appears that the...

..., except the grounds enumerated in clauses (a) to (f) to Section 13 CPC. The grounds enumerated in clauses (a) to (f) are exceptions to general rule engrafted and embodied under...Section 13 CPC. Section 14 of the Code of Civil Procedure deals with the presumption as to foreign judgments and the Court shall presume upon the production of any document...governed by Sections 13, 14 and 44A of the Code of Civil Procedure. Section 13 deals with the requirements on which a foreign judgment could be treated as conclusive. A foreign...

...Court had held to be one without jurisdiction and not a decree, notice of which can be taken by Indian courts under Section 13 CPC.3. We have heard the arguments of the...

...11 of the Code of Civil Procedure, 1908 (‘CPC’ for short) filed by Rupak Rathi in a divorce petition instituted by his wife Anita Chaudhary under Section 13 of the...India is crystal clear regarding the applicability of a foreign judgment or the conclusiveness of a foreign judgment as prescribed under Section 13 CPC. Section 13 reads as follows...does not fall under any of the clauses of Section 13 CPC read with Section 14 thereof, a plea of res judicata is such a plea which can be examined only on receiving written...

...petition was raised before the court below on many times, but no adjudication had been made thereon.5. Section 13 CPC deals with the conclusive nature of foreign judgments. It reads thus...

...Circuit Court of Cook County, Illinois, it is submitted, had no jurisdiction to dissolve the marriage. In any case it is submitted that the decree comes within the exceptions to Section 13 CPC inasmuch...comes within the exceptions as envisaged by clauses (a), (b), (c) and (d) of Section 13 CPC. The proceedings before the Family Court are valid and there is no infirmity in...decree is quite unclear as regards the fact whether the respondent is taken to have appeared or not. The provisions of Section 13 and 14 CPC which are relevant for...

....6. On 20-6-2003, the respondent herein filed an application under Section 10 read with Section 151 CPC, in the said Suit No. 1732 of 1995. By the said application, the respondent herein...application for stay under Section 10 CPC. The said civil revision petition was opposed by the appellant inter alia on the ground of non-applicability of Section 10 CPC to the facts of the present case. By the...respondent under Section 10 read with Section 151 CPC seeking stay of Civil Suit No. 1732 of 1995 in the Court of City Civil Judge, Bangalore, was maintainable.8. The object...

...under section 13 CPC, 1908 are also available in the present winding up petition. He submits that the respondent was not served in terms of the agreement between the parties. Hence, he submits that the...stated in Section 13 of the CPC. Therefore, according to the company, a foreign decree which is not automatically enforceable cannot be a basis for instituting winding up petition also as it would not...decree on the touchstone of Section 13 of the CPC? xxxxx 19. With respect, I am in complete agreement with the proposition...

...submits that all defences available under section 13 CPC, 1908 are also available in the present winding up petition. He submits that the respondent was not served in terms of the agreement between the..., the judgment debtor can contest the foreign decree on various grounds, including the grounds stated in Section 13 of the CPC. Therefore, according to the company, a foreign decree which is not...maintainable, whether this Court can go into the question of validity of such a decree on the touchstone of Section 13 of the CPC?19. With respect, I am in complete agreement with the...

...13 CPC and the same is not enforceable in India and enforcement of the same by means of petition under Section 7 read with section 9 of Guardians And Wards Act, 1890 at Panchkula is not maintainable...consent invites the Court for entering upon an order and judgment is precluded from raising the defence that the judgment is not on merits and therefore, not enforceable under section 13(b) CPC. 18...consent of the parents is not binding upon the minor. Sub Clauses (c), (d) and (f) of section 13 CPC may give rise to certain questions which are required to be answered by the competent Court after...

...therefore, exceptions provided under Section 13 of the CPC would not be applicable. (iv) Reliance is placed on the doctrine of comity to submit that the Indian Courts...Court has observed as under: “14. A plain reading of Section 13 CPC would show that to be conclusive an order or decree must have been obtained after following...clear that a foreign judgment which has become final and conclusive between the parties is not impeachable either on facts or law except on limited grounds enunciated under Section 13 CPC. In...

...Senior Counsel appearing on behalf of the respondents submitted that the time spent in prosecuting the proceedings for setting aside the ex parte decree under Order 9 Rule 13 CPC is wholly irrelevant since those proceedings under Order 9 Rule 13 CPC never operated as a bar for filing an appeal under Section 96...to condone the delay in preferring an appeal against the ex parte decree on merits?(ii) When an application filed under Order 9 Rule 13 CPC has been dismissed on merits, whether regular appeal under Section 96...condone the delay of four years, ten months and eight days.10. A conjoint reading of Order 9 Rule 13 CPC and Section 96(2) CPC indicates that the defendant who suffered an ex...

...also contended that assumption of jurisdiction by the court of Middle District North Carolina was erroneous and the decree of the U.S court is hit by section 13 of the CPC as the plaintiff seeks to...) raised under section 13 CPC as this has also been conceded by the learned counsel who appeared for the petitioner California.4.2 The learned senior counsel questions the enforceability of...by clause (a) of section 13 CPC.4.3 The respondent refers to the plaint filed by California to project that the plaintiff hasn't indicated how the court at USA has territorial...

...UK Family Court, it would not be enforceable in India under Section 13, CPC. It was observed that the expert Senior Advocate who was appointed by the UK Family Court gave similar opinion that... initiated by the respondent-wife were found on grounds not recognized under the Hindu Marriage Act and thus remained vulnerable under Section 13, CPC. (iv..., learned Senior Counsel Ms. Shobha Gupta appearing on behalf of the respondent-wife contended that the appellant-husband's reliance on possible non-recognition of a future foreign decree under Section 13, CPC was...

...petitioner-J.D. is that the f oreign decree in question cannot be considered to be a decis h ion on merits of the matter, hence, it is not executable in view of g Section 13(b) of the CPC. Learned...mentioned in Section 13 CPC. Section 13 CPC specifies the circumstances where foreign judgments are held not conclusive. The Section goes as under :- "13. When foreign judgment...impeachable either on facts or law except on limited gro o unds enunciated under Section 13 CPC. Under Section 14 CP C C, there is a presumption that the Foreign Court which passed the o rder...