Section 13 of the Code of Civil Procedure Code, 1908, specifies the scope of imposition of foreign decrees or judgments in India. By foreign decree, we suggest that the decrees that are passed by a foreign court over which the central govt. of India has no authority. As per the contents of Section 13, a foreign judgment shall be decisive means final and binding as to any matter directly between the same parties or between the parties under whom the claim to be legally settled under the same title. However, this decisiveness of a foreign decree has 6 exceptions given in clauses (a) to (f) under section 13.A foreign decree will act res judicata if it successfully moves through all the 6 exceptions laid down under Section 13 and which are subject to other provisions laid down in Section 11 of the CPC. A foreign decree shall be final and binding as to any matter thereby directly adjudicated between the same parties or between parties whom they or any claim litigating under the same title except in the following cases:
- where the verdict is not passed by a Court of competent jurisdiction;
- where the judgment has not been delivered on the merits of the case;
- where prima facie the proceedings to be tried on an incorrect interpretation of international law or non-compliableto recognise the law of India in cases in which such law is applied;
- where the proceedings are opposed to natural justice and judgment was given during such a proceeding;
- where the has been acquired by means of fraud;
- Where the decree upholds a claim founded on infringement of any law in force in India.
Section 151 specifies the protection of inherent powers of Court. This Section says that there is nothing in CPC which shall be considered to prohibit or in any way affect the inherent powers of the Court in order to pass such orders as may be crucial for the “ends of justice” or to restrict the abuse of the method of the Court. It is not mandatory for the court to wait for the law made by the parliament or decree from the higher judiciary. Court has discretionary powers to make such a decree which is not given with regards to laws for the protection of justice or to check misemploy of the method of the Court.
The purview of Section 151 can be represented by some cases as follows:
- The court may review its orders and resolve mistakes;
- When the suit is not included by order 39 of CPC or to place next to an ‘ex parte’ order then provisional sanctions can be issued;
- Unlawful decrees or decrees delivered without jurisdiction can be set-aside;
- Subsequent proceedings in the case can be taken into account by the court;
- Power of Court to carry on with the trial ‘in camera’ or prevent divulgence of its proceedings;
- The court can wipe out comments made against a Judge; and
- The court can ameliorate the suit and re-trial on the merits or review its order.
SECTION 152& 153
As per Section 152 of CPC, Court has the power to change written or any arithmetical mistakes or any typographical error in judgments, decrees or order arising from unpredicted lapse or imperfection. The court can do this either by its own actions or on the application submitted by any of the parties.
Section 153 talks about the general authority to amend judgments, decrees or orders. This Section grants authority tothe court to amend any error in any proceedings in the suits and all other requisite improvements shall be made for the purpose of organizing presented issues or depending on such proceeding.
Section 152 and 153 make it evident that the court may correct any error in their proceedings at any time. Power to amend decree where an appeal is immediately dismissed and place of the trial to be considered to be open Court are given under Section 153A and 153B.
A synopsis of Section 148 to Section 153B is that the inherent powers of the court are very deep and substantial for the scope of:
- Reducing number of lawsuits;
- avoiding multiplicity of proceedings; and
- Delivering justice to the parties.