Code of Civil Procedure, 1908 | Execution of decrees

Section 44A CPC: Execution of Foreign Decrees in India

Section 44A of the Code of Civil Procedure, 1908 (CPC) permits qualifying money decrees of specified superior courts in notified reciprocating territories to be executed in India through a District Court, subject to statutory conditions and the safeguards in Section 13.

On this page

Section 44A: statutory provision
Key definitions
Requirements and execution procedure
When execution can be refused
Related CPC provisions and official source

Section 44A CPC - Statutory provision

Heading: 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.

Meaning of important terms

Reciprocating territory - Explanation 1

A foreign country or territory qualifies only if the Central Government has declared it a reciprocating territory by notification in the Official Gazette. The same notification identifies which courts of that territory are recognised as "superior Courts" for Section 44A. A foreign judgment does not qualify merely because it originates from a well-known court.

Foreign decree - Explanation 2

For Section 44A, the qualifying decree or judgment must direct payment of money. The definition excludes tax liabilities, similar public charges, fines, other penalties and arbitration awards, even where an award is enforceable as a judgment abroad. This is a special definition for Section 44A and should not be confused with the general definition of a decree in Section 2(2) CPC.

District Court - Section 2(4)

The CPC defines a District Court as the principal civil court of original jurisdiction of a district, including a High Court exercising ordinary original civil jurisdiction where applicable. The competent forum must be identified under the relevant procedural and jurisdictional law.

Conditions and procedure for execution in India

Check the notification: Confirm that the foreign territory and the particular superior court are covered by an applicable Central Government notification.
Check the decree: Confirm that the foreign decision orders payment of money and is not excluded by Explanation 2.
Obtain the documents: File a certified copy of the foreign decree and a certificate from the superior court showing any amount already satisfied or adjusted, as required by subsection (2).
Approach the appropriate District Court: Seek execution under Section 44A in accordance with the CPC and applicable local rules. The executing court then deals with the decree as if it had been passed by that court, subject to subsection (3).
Address objections: The judgment-debtor may raise legally available objections, including the grounds specified in Section 13 CPC.

The certificate of satisfaction or adjustment is conclusive for the extent of payment or adjustment stated in it. Execution is therefore concerned with the amount that remains legally recoverable, not with recovering sums already satisfied.

Important: Section 44A does not make every foreign judgment automatically executable in India. It is a statutory mechanism for qualifying money decrees from notified reciprocating territories. For judgments from non-reciprocating territories, enforcement may require a separate civil action on the foreign judgment, subject to applicable law and limitation rules.

Section 13 CPC: Grounds on which execution must be refused

Under Section 44A(3), the District Court must refuse execution if satisfied that the foreign decree falls within any of the exceptions in Section 13(a) to (f):

Section 13(a): The foreign judgment was not pronounced by a court of competent jurisdiction.
Section 13(b): The judgment was not given on the merits of the case.
Section 13(c): It appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise Indian law where applicable.
Section 13(d): The proceedings were opposed to natural justice.
Section 13(e): The judgment was obtained by fraud.
Section 13(f): The judgment sustains a claim founded on a breach of any law in force in India.

Section 47 CPC also applies to execution questions arising after the certified copy is filed. The execution court's scrutiny is governed by these statutory rules; it is not ordinarily a full retrial of the foreign dispute.

Illustrative example

Suppose a notified superior court in a reciprocating territory issues a qualifying money judgment against a debtor with executable assets in India. The decree-holder may file the required certified decree and satisfaction certificate in the appropriate Indian District Court. The court may proceed with execution if the statutory conditions are met and no Section 13 exception is established. The result depends on the actual notification, documents, jurisdiction and objections.

Section 13 CPC: When foreign judgments are not conclusive.
Section 14 CPC: Presumption as to foreign judgments on production of an apparently certified copy, subject to rebuttal.
Section 44A CPC: Special execution mechanism for decrees of superior courts in reciprocating territories.
Section 47 CPC: Questions determined by the court executing a decree.
Order XXI CPC: Rules governing execution of decrees and orders, as applicable.

Read the Code of Civil Procedure, 1908 - official India Code text (PDF). For whether a particular country and court currently qualify, check the relevant Central Government notification in the Gazette of India.

Legal information: This article explains the central statutory framework. Court rules, notifications, limitation issues and judicial interpretation may affect individual proceedings; professional advice may be necessary in a specific case.