Fresh suit in india against foreign ex-parte decree

Rishabh Bordia (Querist) 31 January 2015 This query is : Resolved
can we file a fresh/new suit in india when the foreign ex-parte decree passed by a superior court of a reciprocating territory is inconclusive under sec.13 of cpc

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P. Venu (Expert) 01 February 2015
Pl. come up with the complete facts.

T. Kalaiselvan, Advocate (Expert) 02 February 2015
One can go for execution of the foreign exparte decree in India if the judgment debtor is residing in India or having assets in India.

Rishabh Bordia (Querist) 02 February 2015
the execution is barred under section 13(B) as the foreign decree was not passed on merits
is it possible to file a fresh/new suit in india?

Rishabh Bordia (Querist) 02 February 2015
the foreign ex-parte decree is passed on the absence of the defendant in the foreign court.
the defendant resides in india at present.

Devajyoti Barman (Expert) 03 February 2015
If the foreign decree does not comply with the conditions of sections 13 of CPC then filing of fresh suit is only option.

Devajyoti Barman (Expert) 03 February 2015
If you are treating ex parte decree as decree not passed on merits then you are fault.
Check whether it violated any other conditions as envisaged in section 13 of the CPC.

Rishabh Bordia (Querist) 03 February 2015
the decree was merely passed on the absence of the defendant and the evidence was not looked upon.
if we can file a fresh suit then under which provisions pertaining to such circumstances does the law permit?

Rishabh Bordia (Querist) 03 February 2015
the foreign judgement was not merits under section 13(b)
now am i correct?

Guest (Expert) 06 February 2015
Sir

1. You can chanllage the award in respective country.

2. You can file suit here .

3. Challange the decree here ( factual/situational) .

Please send your contract @adv.mklegal@gmail.com for advice or reach us at our office.

Thanks

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