Section 44A of The Code of Civil Procedure, 1908
Execution of decrees passed by Courts in reciprocating territory.
1[44A. Execution of decrees passed by Courts in reciprocating territory.--(1) Where a certified copy of a decree of any of the superior Courts of 2 *** any reciprocating territory has been filed in a District Court, the decree may be executed in 3 [India] as if it had been passed by the District Court.
- (2)Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.
- (3)The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13. 4[Explanation 1.-- "Reciprocating territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section; and superior Courts, with reference to any such territory, means such Courts as may be specified in the said notification. Explanation 2.-- "Decree" with reference to a superior Court means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitration award, even if such an award is enforceable as a decree or judgment.]]
Summary
- Orders from top-tier courts in specific foreign countries can be enforced directly in India.
- These foreign countries are called "reciprocating territories" and are named by the Indian government.
- To enforce such an order, a certified copy must be filed in an Indian District Court.
- The order is then carried out as if it were a decision made by that Indian District Court.
- This only applies to money payments and excludes taxes, fines, or arbitration awards.
- Enforcement will be refused if the foreign order violates basic rules of fairness or law.
Practical examples
FAQ
1. What is a reciprocating territory under Section 44A of The Code of Civil Procedure, 1908?
Under Section 44A of the 1908 Code, it is any country or territory outside India that the Central Government declares as such by notification.
2. Where should a foreign decree be filed according to Section 44A of the 1908 Act?
A certified copy of the decree must be filed in a District Court under Section 44A of the 1908 Code.
3. Does Section 44A of the 1908 civil law cover arbitration awards?
No, Section 44A of the 1908 Code specifically states that a "decree" shall in no case include an arbitration award.
4. What types of payments are excluded from enforcement under Section 44A of the 1908 Code?
Section 44A of the 1908 Code excludes sums payable for taxes, charges of a like nature, fines, or other penalties.
Test yourself
1.Under Section 44A of The Code of Civil Procedure, 1908, a foreign decree is executed as if it were passed by which Indian court?
2.According to Section 44A of the 1908 Code, what must be filed along with the certified copy of the foreign decree?
3.Which of the following can be enforced in India under Section 44A of the 1908 Code?
4.Under Section 44A of the 1908 Code, when will an Indian court refuse to execute a foreign decree?