Execution of decrees passed by Revenue Courts in places to which this Code does not extend

The Revenue-court cousin of § 43 — but it does not work by itself. Section 44 lets the State Government, by Gazette notification, switch such decrees on for execution in the State.

§ 44

Part II · Execution · Revenue decrees from outside the Code

How to read Section 44

What it does

Allows Revenue-court decrees from parts of India beyond the Code to be executed in the State as if its own courts had passed them.

The mechanism

Only if the State Government so declares by notification in the Official Gazette — for all such decrees, or a class of them.

Unlike § 43

§ 43 (civil) is self-operating; § 44 (revenue) needs a Government notification first.

The bare Act

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.

Key terms decoded

Revenue Court

A court dealing with matters of land revenue or rent, rather than ordinary civil disputes.

Notification in the Official Gazette

The State Government’s formal published declaration switching § 44 on for such revenue-court decrees.

Switched on by a Gazette notification

Nothing happens until the State Government declares it. The notification turns outside Revenue-court decrees into ones the State’s own courts can execute.

Section 44, phrase by phrase

Who actsThe State GovernmentIt is the State executive that switches this on — not the court, and not automatically.

Howmay, by notification in the Official Gazette, declareAn enabling power, exercised by a formal Gazette notification — without it, nothing happens.

Which decreesthe 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 decreesDecrees of Revenue Courts in non-Code parts of India — all of them, or just a declared class.

Effectmay be executed in the State as if they had been passed by Courts in that StateOnce declared, they are executed as if the State’s own courts had passed them.

§ 43 and § 44 — two routes, one idea

§ 43 · Civil courts

Self-operating. An outside-Code civil decree (or a Central-Govt court’s decree abroad) may be executed within Code territory if it cannot be executed at home.

No notification needed — the section works by itself.

§ 44 · Revenue courts

Enabling. An outside-Code Revenue decree becomes executable in the State only if the State Government declares it so.

By Gazette notification; and it may be limited to a class of such decrees.

Provenance

Substituted · 1951

The present Section 44 was substituted for the original by the Code of Civil Procedure (Amendment) Act, 1951 (Act 2 of 1951), s. 9, with effect from 1 April 1951 — the same Act that recast § 43.

How Section 44 connects

Section 44 is the Revenue-court twin of § 43, switched on by State notification. The live links open the provisions around it.

§ 43Civil courts beyond the CodeThe self-operating civil-court parallel.

§ 40Transfer to another StateAnother State’s own rules govern there.

§ 42Powers of the executing CourtWhat the executing court may then do.

Applying Section 44 — three checks

Is it a decree of a Revenue Court in a part of India beyond the Code?
Has the State Government declared it (or its class) executable, by Gazette notification?
If yes — it is executed in the State as if its own courts had passed it.

Ahead in Part II: § 44A (decrees of superior courts of reciprocating territories) → · § 45 (execution in another State’s territory) · § 46 (precepts) · § 47 (questions for the executing Court).

← Back to the Arrangement of Sections