CPC 44A — Execution of decrees passed by Courts in reciprocating territory

Code of Civil Procedure, 1908

Statutory text

[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

***  any  reciprocating  territory  has  been  filed  in  a
District Court, the decree may be executed in

[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.

[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.]]

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