NAMOOS ZAHEER vs AZFAR HASNAIN Ss — 2023 PLD 220 ISLAMABAD

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NAMOOS ZAHEER VS AZFAR HASNAIN Ss. 13, 2(6) & 2(5)---When foreign judgment not conclusive---"Foreign Judgment"---"Foreign Court"---Scope---"Foreign judgment" has been defined in S. 2(6), C.P.C. to mean the judgment of a Foreign Court---"Foreign Court" has been defined in S. 2(5) of C.P.C. to mean a Court situated beyond the limits of Pakistan which has no authority in Pakistan and is not established or continued by the Federal Government---S. 13, C.P.C. makes a foreign judgment conclusive as to any matter thereby directly adjudicated upon between the same parties---If the foreign judgment falls under any of the clauses (a) to (f) of S. 13, C.P.C., it will cease to be conclusive as to any matter thereby adjudicated upon---Where a foreign judgment ceases to be conclusive it will then be open to a collateral attack---In other words, when a holder of a foreign judgment approaches the appropriate Court in Pakistan to which the provisions of C.P.C. apply, unless the defendant succeeds in establishing any one or some of the objections enumerated under Clauses (a) to (f) of S. 13, the judgment of the foreign court is conclusive as to any matter that is directly adjudicated between the same parties and a decree is required to be passed in terms of the said foreign judgment by the Pakistani Court---Thereafter, the decree can be executed in the manner provided in the C.P.C. Citation Name: 2023 PLD 220 ISLAMABADBookmark this Case NAMOOS ZAHEER VS AZFAR HASNAIN S. 13 & O. VIII, R. 5---Qanun-e-Shahadat (10 of 1984), Arts. 89, 96 & 114---Execution of foreign judgment---Production of photocopy of foreign judgment---Failure to specifically deny a fact---Estoppel---Scope---Appellant objected to the respondents' suit, based on a Foreign Judgment, arguing that the respondents were obligated to provide the original judgment or a certified copy, accompanied by a certificate from a notary public or a Pakistan Consul, in accordance with Arts. 89(5) & 96(1) of the Qanun-e-Shahadat, 1984---Validity---Mode adopted by the respondents to prove the Foreign Judgment did not meet the requirements of these Articles and they had submitted a photocopy of the Foreign Judgment with their suit----Surprisingly, the appellant had not raised any objection during the hearing regarding the authenticity of the copy----In fact, this very judgment had been filed by the appellant in her previous suits---By submitting copies of the Foreign Judgment in Courts of Pakistan, the appellant had effectively admitted its existence and contents---Therefore, the factum of the judgment's existence and contents was considered to be admitted and did not require further proof---In her written statement, the appellant had not denied the Foreign Judgment's existence but had argued that the trial before the Foreign Court lacked compliance with natural justice---Appellant was estopped in terms of Art. 114 of the Qanun-e-Shahadat, 1984 from resisting the enforcement of the judgment---Appeal was dismissed with costs. Citation Name: 2023 PLD 220 ISLAMABADBookmark this Case NAMOOS ZAHEER VS AZFAR HASNAIN S. 13---When foreign judgment not conclusive---Scope---Judgment pronounced by a foreign court in a personal action in absentum, the absent party having submitted himself to the jurisdiction and authority of such Court, would not be a nullity but enforceable with the judgment-debtor being entitled to raise all defenses arising under S. 13, C.P.C.---Unless the party against whom a foreign judgment is sought to be enforced voluntarily and effectively submitted to the jurisdiction of the foreign court and contested the claim, the judgment of the foreign court cannot be relied upon.

NAMOOS ZAHEER vs AZFAR HASNAIN Ss — 2023 PLD 220 ISLAMABAD

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