AIR 1932 LAHORE 649

Lahore High Court

Hon'ble Judge(s): Jai Lal , J

Civil P.C. (5 of 1908) , S.13(b)— Foreign judgment-Test of, whether given on merits, stated. The true test for deciding whether a judgment has been given on the merits is whether it has been given as a penalty for any conduct of the defendant or whether it is based on a consideration of the truth or otherwise of the plaintiff's case. Where the defendant admits the plaintiff's Claim but pleads payment of the same prima facie the burden is on him to prove that payment. If therefore the plaintiff leads evidence to disprove the assertion made by the defendant, and the defendant absents himself on the day fixed for the hearing of the case, there is sufficient evidence on the record on which the Court can proceed on the merits, and in the absence of a clear indication that the judgment was given by way of penalty, it must be assumed that it was given because the Court considered that the plaintiff had proved his claim, on the merits and the decree passed by the Court is one passed on the merits: