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Criminal Procedure Code QUESTION #9484
Question 1
A foreign judgment from an English Court holds that B owes A £50,000. A seeks to enforce this in a Pakistani Court. B argues the English Court's findings were based entirely on English law without considering Pakistani law, which was clearly applicable to the contract. Can B resist enforcement?
  • No; foreign judgments are always conclusive in Pakistan
  • Yes; a foreign judgment is not conclusive where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise Pakistani law in cases where such law is applicable✔️
  • Yes; all foreign money judgments are unenforceable in Pakistan
  • No; B should have contested the matter in the English Court
Correct Answer Explanation
Section 13(c) CPC provides that a foreign judgment is not conclusive where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of Pakistan in cases where such law is applicable. B's ground falls squarely within this exception.