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Reading: Section 44A – Code of Civil Procedure – Execution Of Decrees Passed By Courts In Reciprocating Territory.
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ApniLaw > Blog > CPC > Section 44A – Code of Civil Procedure – Execution Of Decrees Passed By Courts In Reciprocating Territory.
CPC

Section 44A – Code of Civil Procedure – Execution Of Decrees Passed By Courts In Reciprocating Territory.

Apni Law
Last updated: July 5, 2025 12:00 am
Apni Law
1 week ago
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Code

1[44A. Execution of decrees passed by Courts in reciprocating territory.–(1) Where a certified
copy of a decree of any of the superior Courts of2*** any reciprocating territory has been filed in a
District Court, the decree may be executed in3[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 13.4[Explanation1.– “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.Explanation2.– “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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