Question: What do you understand by a foreign judgment? In what manner may decree of a Foreign Court be executed in India?   Find the answer to the mains question only on Legal Bites. [What do you understand by a foreign judgment? In what manner may decree of a Foreign Court be executed in India?] Answer According to Section… Read More »

Question: What do you understand by a foreign judgment? In what manner may decree of a Foreign Court be executed in India? Find the answer to the mains question only on Legal Bites. [What do you understand by a foreign judgment? In what manner may decree of a Foreign Court be executed in India?] Answer According to Section 2(6) of CPC, 1908, “foreign judgment” means the judgment of a foreign Court. The foreign judgment is enforceable on the principle that it has been tried and...

Question: What do you understand by a foreign judgment? In what manner may decree of a Foreign Court be executed in India?

Find the answer to the mains question only on Legal Bites. [What do you understand by a foreign judgment? In what manner may decree of a Foreign Court be executed in India?]

Answer

According to Section 2(6) of CPC, 1908, “foreign judgment” means the judgment of a foreign Court.

The foreign judgment is enforceable on the principle that it has been tried and adjudicated by a court of competent jurisdiction, a legal obligation arises to satisfy that claim. Despite the fact that the principles of private international law of each state will differ, but the comity of nations has recognized certain rules as common to civilized jurisdictions.

As per the rule of private international law, it is well-settled that unless a foreign court has jurisdiction in the international sense, the judgment delivered by that court would not be recognized or enforced in India. But the most important thing to be considered is the competency of the court’s jurisdiction, i.e. territorial competence over the subject matter and over the defendant.

The foreign judgment can be enforced in India through execution proceedings in specified cases as per Section 44 and 44a of the code. An Execution must be filed within three years from the date of judgment as provided under Article 101 of the Schedule in the Limitation Act, 1963, and the provisions of the Limitation Act, 1963 apply in computing the period of limitation.

Execution of Decree

If a foreign judgment/decree is conclusive u/s 13 of the CPC, it can be enforced in India in one of two ways:

  1. by filing an Execution Petition under Section 44A of the CPC (in case of decrees by a court of reciprocating territory)
  2. by filing a suit upon the foreign judgment/decree (in case of decrees by a court of non-reciprocating territory)

As per CPC, a ‘reciprocating territory’ means any country or territory outside India, which the Central Government may, by way of notification in the Official Gazette, declare to be a reciprocating territory and ‘Superior Courts’ in relation to such territory for this section.

Execution Petition under section 44A

In accordance with Section 44A of the CPC, a decree passed by any superior Court of a reciprocating territory is executable in India as if it had been passed by the District Court in India.
Therefore, decrees from Superior Courts in “reciprocating territories” can be enforced directly by filing an execution decree before the Indian Court of competent jurisdiction, following the procedure prescribed under the CPC.

Section 44A provides-

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 the 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 fines or other penalties, but shall in no case include an arbitration award, even if such an award is enforceable as a decree or judgment.


Important Mains Questions Series for Judiciary, APO & University Exams

  1. CPC Mains Questions Series: Important Questions Part – I of X
  2. CPC Mains Questions Series: Important Questions Part – II of X
  3. CPC Mains Questions Series: Important Questions Part – III of X
  4. CPC Mains Questions Series: Important Questions Part – IV of X
  5. CPC Mains Questions Series: Important Questions Part – V of X
  6. CPC Mains Questions Series: Important Questions Part – VI of X
  7. CPC Mains Questions Series: Important Questions Part – VII of X
  8. CPC Mains Questions Series: Important Questions Part – VIII of X
  9. CPC Mains Questions Series: Important Questions Part – IX of X
  10. CPC Mains Questions Series: Important Questions Part – X of X
Updated On 2021-12-14T06:12:09+05:30
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