Once an application for enforcement is filed, there is a distinct possibility that the party against which enforcement of the foreign decree is being sought will raise an objection on the grounds that the foreign decree is not conclusive, that is, it falls into one of the categories of judgments not considered conclusive and consequently not enforceable in Pakistan. These judgments are listed as follows in Section 13 of the Civil Procedure Code (CPC):
- Judgment not pronounced by a court of competent jurisdiction;
- Judgment not given on the merits of the case;
- Judgment that appears to be founded on an incorrect application of international law or on a refusal to recognize Pakistani law in case it is applicable;
- Judgment that is opposed to natural justice;
- Judgment that has been obtained by fraud; and
- Judgment that sustains a claim founded on a breach of any law in force in Pakistan.
For instance, if the foreign decree (passed in the U.K.) is an ex parte decree or a default judgment passed on the basis of certain technical grounds including failure of the other party to comply with a court order, it may be challenged in Pakistan as a decree that has not been passed on the merits of the case. Such objections and challenges make the enforcement process longer and more difficult. In terms of how difficult enforcement of a particular judgment/decree would be, it would vary on a case-by-case basis depending on the specific objections raised by the other party and how effectively such objections can be countered to establish that the judgment at issue is a conclusive judgment pursuant to section 13 of CPC.