Execution of decrees passed by Courts in reciprocating territory
Section 44A of the Code of Civil Procedure, 1908 deals with execution of decrees passed by Courts in reciprocating territory. 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. The Act came into force on 01 Jan 1909.
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 of 2 *** any reciprocating territory has been filed in a District Court, the decree may be executed in 3 [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[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.]]
Section 44A, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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International Woollen Mills v. Standard Wool (U.K.) Ltd.
Court's Decision & Legal Precedent
Judgment of Main Case order-1.pdf 2001-04-25 DATE VERIFIED. CA 3316-17/2001. Variava/Khare. A foreign (English) ex parte money decree that is not on the merits is not conclusive under CPC 13(b) and is not executable under CPC 44A(3). Fills priority CPC 13. Do not remap CPC 11 (already filled) even though constructive res judicata is discussed.
On this section: A foreign decree that is not conclusive under s.13 is not executable under s.44A(3) (International Woollen Mills).
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Discovery Drilling Pte Limited vs Parmod Kumar
Court's Decision & Legal Precedent
A foreign judgment passed by a court lacking competent jurisdiction over the defendant cannot be enforced in India under Section 44A CPC, even if the foreign court is a 'superior Court' of a 'reciprocating territory'. Specifically, where a defendant is added to proceedings in a foreign court without their written consent and the subject matter of the dispute does not fall within the specialized jurisdiction of that court, the foreign court lacks competent jurisdiction to adjudicate the dispute, and the resulting judgment falls within the exception specified in Section 13(a) CPC and is not enforceable in India.
On this section: Primary provision governing execution of decrees passed by superior courts of reciprocating territories in India; requires certified copy of decree and certificate from foreign court stating extent of satisfaction
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… On 05.08.2009, the appellant bank filed an execution petition i.e. almost 14 years after the decree was passed by the London Court for execution of the same in terms of Section 44A read with Order 21 Rule 3 of the Code of Civil Procedure, 1908 (CPC) for recovery of Rs.16,43,88,187.86. This execution petition was contested mainly on the ground that the same had not been filed within the period of limitation. On 20.07.2013 the Additional City Civil & Session Judge, Bangalore dismissed the …
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… No.950 of 2020 ------------------------------------------------- Dated this the 4th day of November, 2020 J U D G M E N T Whether the notification dated 17.01.2020 issued by the Central Government, declaring United Arab Emirates to be a reciprocating territory for the purposes of Section 44A of the Code of Civil Procedure, 1908 (for short 'the Code'), is retrospective in operation? This is the core issue which falls for consideration in the instant case. 2. The petitioner is one of the judgment-debtors and the respondent is the decree-holder in Lawsuit No.1280/2011 on the file of the Preliminary …
Questions about Section 44A
What have the courts held on Section 44A of the Code of Civil Procedure?
International Woollen Mills v. Standard Wool (U.K.) Ltd. (25 Apr 2001) is the leading judgment on this section among those set out below: A foreign decree that is not conclusive under s.13 is not executable under s.44A(3) (International Woollen Mills). Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2001 to 2025.
How do I find court cases under Section 44A of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 44A, section 44A CPC, section 44A of the Code of Civil Procedure. People searching for it also type 44a cpc case laws and section 44a cpc execution. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with International Woollen Mills v. Standard Wool (U.K.) Ltd. (25 Apr 2001).
What should I read with Section 44A of the Code of Civil Procedure, and has it changed?
Its own text turns on section 13 (When foreign judgment not conclusive), section 47 (Questions to be determined by the Court executing decree), so none of them can safely be read on its own.
When did Section 44A of the Code of Civil Procedure come into force?
Section 44A of the Code of Civil Procedure, cited as CPC 44A, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.