Question

Principle: Foreign judgment binds the parties and is conclusive unless it is obtained by fraud.  

Facts: A obtains a judgment from the US court by producing fake documents. 

Options

• New Suit can be filed in India on the same facts 

• Judgment can be enforced in US 

• Judgment can be enforced in India 

• A new suit can not be filed in India on the same facts 

Answer 1

New Suit can be filed in India on the same facts 

Explanation:

The principle and the fact are clear. The principal says the foreign judgment binds the parties unless they have been obtained by fraud. The fact is that A has received foreign judgment, but fraudulently.  Therefore, it is not binding on the parties. So, a new suit can be filed.