PARLIAMENTARY DEBATES 319
Dr. Ambedkar: Section 13 of the Civil Procedure Code does deal with the matter. There is no question about the enforcement of a foreign decree. The question is what procedure each country may adopt.
Shri Sidhva: That has no meaning.
Dr. Ambedkar: What has no meaning? It may say just as in the case of an award you will have to file an application when only it becomes enforceable. In the same way, section
13 of our Civil Procedure Code says :
“A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except—
(a) where it has not been pronounced by a Court of competent jurisdiction; ”.
The question of jurisdiction is always fundamental. It can never be stopped. It must be proved that the court which has given the decree had the jurisdiction to make the decree.
Shri Sidhva: That is all right.
Dr. Ambedkar: What is all right? If you go to a subordinate court and get a decree beyond its jurisdiction nobody can execute it because it is not valid.
Mr. Chairman : The question is :
“ That the bill further to amend the Code of Civil Procedure,
1908, be taken into consideration.”
The motion was adopted.
Clause 2 was added to the Bill.
Clause 1 was added to the Bill.
The Title and the enacting formula were added to the Bill.
Dr. Ambedkar: I beg to move:
“ That the Bill be passed.”
Mr. Chairman: The question is:
“ That the Bill be passed.”
The motion was adopted.