All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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96.

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

The answer is: B

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Explanation

The correct option is B: A court situated outside India and not established under the authority of Government of India.

This is the definition of "Foreign Court" given in Section 2(5) of the Civil Procedure Code, 1908. A foreign court is distinguished from a court established or continued by the authority of the Central Government, which may also be situated outside India, such as a diplomatic or consular court. A court situated in India, applying foreign law, is not a foreign court, but a domestic court exercising its jurisdiction according to the principles of private international law. Option D is incorrect because it includes option C, which is wrong.