COURTS BY WHICH DECREES MAY BE EXECUTEDCentral

Section 45 of The Code of Civil Procedure, 1908

Execution of decrees outside India.

1[45. Execution of decrees outside India.-- So much of the foregoing sections of this Part as empowers a Court to send a decree for execution to another Court shall be construed as empowering a Court in any State to send a decree for execution to any Court established 2 *** by the authority of the Central Government 3 [outside India] to which the State Government has by notification in the Official Gazette declared this section to apply.]

Summary

Courts in India can send a legal order to be carried out by specific courts located outside the country.
This only applies to courts established by the Central Government's authority in foreign locations.
A State Government must first publish a notice in its Official Gazette to allow this rule to be used for its courts.
This provision ensures that a legal decision made in one state can reach a debtor even if they are in a territory outside India where the government still has legal ties.

Practical examples

1Amit wins a case in a court in Chennai against a company. The company has assets in a territory outside India where the Indian Central Government has established a court. Amit asks the Chennai court to send the decision to that foreign court for collection under Section 45.

2A court in Punjab decides that a person owes money. The debtor is currently in a foreign region where an Indian-authorized court exists. Because the Punjab government has declared Section 45 active, the court sends the order abroad to seize the debtor's property.

FAQ

1. Can any Indian court send a decree to any foreign country under Section 45 of The Code of Civil Procedure, 1908?

No, Section 45 only allows sending decrees to courts established by the Central Government outside India, and only if the relevant State Government has officially declared that this section applies.

2. Who must authorize the use of Section 45 of the civil law?

The State Government must issue a notification in the Official Gazette to apply Section 45 to its courts.

3. What kind of foreign courts are covered under Section 45 of the 1908 Act?

It only covers courts established or continued by the Central Government of India that are located outside of India.

Test yourself

1.Under Section 45 of The Code of Civil Procedure, 1908, a decree can be sent for execution to which type of court?

2.What is required before a court can use Section 45 of The Code of Civil Procedure, 1908, to send a decree to a court outside India?

3.To which territories can a decree be sent under Section 45 of the civil law?

4.Does Section 45 of The Code of Civil Procedure, 1908, allow execution in a foreign court not established by India?

44APreviousSection 44A Execution of decrees passed by Courts in reciprocating territory.46NextSection 46 Precepts.

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