Question

Foreign court under section 2(5) of CPC means:

• A. A court situation outside India;
• B. A court situated outside India the authority of Government of India;
• C. A court situated in India applying foreign law;
• D. All of these;

Hint:

A "foreign court" is identified by its location outside India and lack of establishment by the Indian Government.

Answer 1

The Correct Option is A

Step 1: Definition under CPC:
According to Section 2(5) of the Civil Procedure Code (CPC), a "foreign court" means a court situated outside India and not established or continued by the authority of the Government of India.
Step 2: Detailed Explanation of the Options:
- (A) A court situation outside India – Correct, as per the definition in Section 2(5).
- (B) A court situated outside India under the authority of Government of India – Incorrect, as it must be outside the control of the Indian government to qualify as a foreign court.
- (C) A court situated in India applying foreign law – Incorrect, as the location and establishment under Indian law matter, not the law it applies.
- (D) All of these – Incorrect, as only (A) fits the legal definition.
Step 3: Final Conclusion:
The correct answer is (A) A court situated outside India, not established under the authority of the Indian Government.