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CPC 1908 — Section 44A: Execution of decrees passed by Courts in reciprocating territory

🗺️ Part II · Execution — Star Map  (§§ 36–74 overview) ↗

CPC, 1908 · Part II · Execution · Foreign decrees

Execution of decrees passed by Courts in a reciprocating territory

A money decree from a notified foreign court can be enforced here almost as a home decree — file a certified copy in a District Court, and (subject to the § 13 gate) it executes as if that court had passed it.

§ 44A

Part II · Execution · Reciprocating-territory decrees

How to read Section 44A

What it does

Lets a decree of a superior Court of a reciprocating territory be executed in India once its certified copy is filed in a District Court.

The safeguards

A satisfaction certificate (2), the rules of § 47, and refusal if the decree falls within the § 13(a)–(f) exceptions (3).

Who & what qualifies

Only notified reciprocating territories & courts (Exp 1), and only money decrees — not taxes, fines or arbitral awards (Exp 2).

The bare Act

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.

Exp 1

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.

Exp 2

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.

history Inserted by Act 8 of 1937; “India” substituted for “the States” (1951); “the United Kingdom or” omitted and the Explanations recast (1952). See the amendment note below.

Key terms decoded

Reciprocating territory

A country or territory the Central Government has, by notification, declared to be reciprocating for the purposes of § 44A.

Superior Court

A court of that reciprocating territory specified in the notification.

Certified copy of the decree

An officially authenticated copy of the foreign decree, filed in the Indian District Court.

Certificate of non-satisfaction

A certificate from the foreign court stating the extent to which the decree has not been satisfied.

Decree (Explanation 2)

For § 44A, a decree for a sum of money — not a tax, fine or penalty, and not an arbitration award.

Section 44A, part by part

Tap a part to dissect its operative phrases.









Sub-section (1) — filing the certified copy turns a foreign decree into an executable one here.

File the copy → execute as a home decree
🏛️Superior courtof a reciprocating territory
→
📄Certified copyfiled in a District Court
→
⚖️Executed in Indiaas if the District Court passed it
Documenta certified copy of a decreeNot the original — a certified copy of the foreign decree starts the process.
Source courtof any of the superior Courts of any reciprocating territoryIt must issue from a “superior Court” of a “reciprocating territory” — both defined in Exp 1.
Filed wherehas been filed in a District CourtThe copy is filed in a District Court in India — the single entry point.
Effectthe decree may be executed in India as if it had been passed by the District CourtIt is then executed in India as though the District Court itself had passed it — no fresh suit needed.

Sub-section (2) — a certificate of how far the decree is already satisfied must be filed, and it is conclusive.

A satisfaction certificate — conclusive
🧾Certificatefrom the superior court, on satisfaction / adjustment
→
🔒Conclusive proofof how much is already paid / adjusted
Filed withTogether with the certified copy of the decree shall be filed a certificate from such superior CourtAlongside the copy, a certificate from the foreign superior court must also be filed.
Its contentstating the extent, if any, to which the decree has been satisfied or adjustedIt states how much (if any) is already paid or adjusted abroad.
Conclusivesuch certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustmentThat certificate is conclusive proof of the satisfaction / adjustment — it cannot be re-opened here.

Sub-section (3) — § 47 governs the proceedings, and execution must be refused on the § 13 grounds.

§ 47 applies — and the § 13 gate
⚙️§ 47governs the execution proceedings
✖
🚫Refuseif a § 13(a)–(f) exception applies
§ 47 appliesThe provisions of section 47 shall … apply to the proceedings of a District Court executing a decree under this section§ 47 (questions between the parties relating to execution) governs these proceedings.
From whenas from the filing of the certified copy of the decree§ 47 applies from the moment the certified copy is filed.
Refuse — dutythe District Court shall refuse execution of any such decreeA mandatory refusal (“shall”) in the case that follows.
The groundif 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…whenever the decree falls within any § 13(a)–(f) exception — competence, merits, natural justice, fraud, and the rest.

Explanation 1 — both key terms turn on a Central-Government notification. Recast 1952.

Notification decides “territory” and “courts”
🌎Reciprocating territorya country the Centre notifies as such
⚖️Superior courtsonly those named in the notification
Territory“Reciprocating territory” means any country or territory outside IndiaAny country or territory outside India…
How notifiedwhich the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section…that the Central Government notifies in the Gazette as “reciprocating” for this section.
Superior courts“superior Courts”, with reference to any such territory, means such Courts as may be specified in the said notificationAnd only the courts named in that notification count as “superior Courts.”

Explanation 2 — only money decrees qualify; three things are excluded. Recast 1952.

Money decrees only — three exclusions
💵Qualifiesa decree/judgment for a sum of money
✖Excludedtaxes · fines/penalties · arbitration awards
Money only“Decree” with reference to a superior Court means any decree or judgment of such Court under which a sum of money is payableOnly money decrees / judgments qualify under § 44A.
Not taxes/finesnot being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penaltyExcludes sums for taxes (or like charges) and fines / penalties.
No awardsbut shall in no case include an arbitration award, even if such an award is enforceable as a decree or judgmentAnd never an arbitration award — even one enforceable as a decree.

How the parts work as one body

(1)

File & execute

Certified copy filed → executed as a District-Court decree.

→
(2)

Certificate

Conclusive proof of what is already satisfied.

→
(3)

§47 & §13 gate

Governed by §47; refused on §13 grounds.

→
EXP 1 & 2

Who & what

Notified territory/courts; money decrees only.

§ 44A is a self-contained gateway for foreign money-decrees from notified reciprocating territories: file the copy (1), prove satisfaction (2), pass the § 13 gate (3) — the Explanations fix exactly who and what qualifies.

From a foreign court to an Indian execution

A certified copy and a satisfaction certificate, filed in a District Court — then execution as a home decree, unless a § 13 exception bars it.

Superior Court of a reciprocating territory (a money decree) certified copy + certificate filed District Court (India) executes it as if its own — under § 47 🚫 But the Court MUST REFUSE if the decree falls within any § 13(a)–(f) exception. Qualifies only if the territory is a NOTIFIED reciprocating one, and the decree is for MONEY — not taxes, fines or an arbitration award.

Amendment history

Section 44A was not in the original 1908 Code — it was inserted, then reshaped twice. As a timeline:

1937
Act 8 of 1937, s. 2 — the section is born
Change Section 44A was inserted into the Code by the Code of Civil Procedure (Amendment) Act, 1937.
Why to let decrees of certain foreign superior courts be executed in India directly — instead of having to file a fresh suit on the foreign judgment, which was the only route before.
1951
Act 2 of 1951, s. 3 — “the States” becomes “India”
Change in sub-section (1) the word “India” was substituted for “the States” (w.e.f. 1 April 1951).
Why a territorial adaptation: after the integration of the Part B States, the older “the States” wording was replaced by the single, unified “India”.
1952
Act 71 of 1952, s. 2 — de-anglicised & tidied
Change A the words “the United Kingdom or” were omitted from sub-section (1).
Change B the present Explanations 1 and 2 were substituted for the former Explanations 1 to 3.
Why the scheme was generalised: rather than singling out the United Kingdom, § 44A was recast around any notified reciprocating territory, and the three old Explanations were consolidated into the two we read today.

The principle behind it

“Comity of nations & reciprocity”
— Mutual respect between friendly States — on a reciprocal footing.
In § 44A: § 44A lets a decree of a superior court in a reciprocating territory be executed in India as if it were an Indian decree. It rests on reciprocity (only territories the Central Government has notified) and the comity of nations — tempered by the § 13 safeguards, so a foreign decree offending Indian notions of justice is still refused.

How Section 44A connects

Section 44A leans directly on the § 13 foreign-judgment exceptions, and sits beside the other “outside-court” provisions. The live links open them.

§ 13Foreign judgment not conclusiveThe (a)–(f) exceptions that bar execution.
§ 44Revenue courts beyond the CodeAnother ‘outside-court’ execution route.
§ 43Civil courts beyond the CodeThe domestic cousin of this section.

Applying Section 44A — the checklist

  1. Is the territory a notified reciprocating one, and the court a notified superior court (Exp 1)?
  2. Is the decree for money — not taxes, a fine, or an arbitral award (Exp 2)?
  3. Filed a certified copy (1) and a satisfaction certificate (2)?
  4. Does it escape every § 13(a)–(f) exception (3)? If so — execute as a home decree.

Ahead in Part II: § 45 (execution of decrees outside India) · § 46 (precepts) · § 47 (questions to be determined by the executing Court).

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