Question

Under Civil Procedure Code, 1908 "Foreign Court" means

• A. A court situated outside India
• B. A court situated outside India and not established under the authority of Government of India
• C. A court situated in India, applying foreign law
• D. All of the above

Hint:

A "Foreign Court" under the CPC has two tests: location (must be outside India) and authority (must NOT be under the authority of the Government of India). Both conditions must be met.

Answer 1

The Correct Option is B

Section 2(5) of the Code of Civil Procedure, 1908, provides the definition of a "Foreign Court." It states: "'Foreign Court' means a Court situate outside India and not established or continued by the authority of the Central Government." This definition has two essential components:
The court must be located outside India.
It must not have been established or continued under the authority of the Indian Government.
Option (b) is the only one that includes both these necessary conditions. A court outside India that was established by the Indian government (e.g., in the past) would not be a "foreign court."