Section 44 of The Code of Civil Procedure, 1908
Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
1[44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.-- The State Government may, by notification in the Official Gazette, declare that the decrees of any Revenue Court in any part of India to which the provisions of this Code do not extend, or any class of such decrees, may be executed in the State as if they had been passed by Courts in that State.]
Summary
- The State Government has the power to decide if orders from certain other courts can be enforced locally.
- This applies specifically to orders from Revenue Courts in parts of India where this Code does not reach.
- To make this happen, the State Government must publish a formal notice in the Official Gazette.
- Once the notice is published, these foreign Revenue Court orders are treated as if they were made by local courts in that state.
Practical examples
FAQ
1. Who has the authority to declare Revenue Court decrees executable under Section 44 of The Code of Civil Procedure, 1908?
Under Section 44 of the 1908 Act, the State Government has the authority to make this declaration.
2. What is required for Section 44 of the 1908 CPC to take effect?
Section 44 of the 1908 Act requires a notification in the Official Gazette by the State Government.
3. Which courts are covered under Section 44 of the 1908 Code?
Section 44 of the 1908 Act covers Revenue Courts in parts of India where the Code of Civil Procedure does not extend.
Test yourself
1.Under Section 44 of The Code of Civil Procedure, 1908, what is the key requirement for enforcing these Revenue Court decrees?
2.To which type of courts does Section 44 of the 1908 Code specifically refer?
3.How are these decrees treated once the requirements of Section 44 of the 1908 Code are met?
4.Does Section 44 of the 1908 Code apply to Civil Courts in non-covered areas?