Sections 44 and 44A of the Code of Civil Procedure, 1908
Sections 44 and 44A of the Code of Civil Procedure, 1908 deal with execution of certain Revenue Court decrees and execution in India of decrees passed by superior courts of reciprocating territories.
- Section 44 permits a State Government, by Official Gazette notification, to allow execution of specified Revenue Court decrees from places where the CPC does not extend.
- Section 44A enables qualifying decrees of superior courts in notified reciprocating territories to be executed in India through a District Court.
- A certified copy of the decree and a certificate showing the extent of satisfaction or adjustment must be filed.
- The District Court must refuse execution if the decree falls within any exception in clauses (a) to (f) of Section 13 CPC.
Section 44 CPC - Execution of decrees passed by Revenue Courts in places to which this Code does not extend
The State Government may, by notification in the Official Gazette, declare that the decrees of any Revenue Court in any part of India to which the provisions of this Code do not extend, or any class of such decrees, may be executed in the State as if they had been passed by Courts in that State.
Amendment note: Section 44 was substituted by section 9 of Act 2 of 1951, with effect from 1-4-1951.
Section 44A CPC - 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.
Amendment notes: Section 44A was inserted by Act 8 of 1937, section 2. The words "the United Kingdom or" were omitted by Act 71 of 1952, section 2. The word "India" was substituted for "the States" by Act 2 of 1951, section 3, with effect from 1-4-1951. Explanations 1 and 2 were substituted by Act 71 of 1952, section 2.
Meaning and practical effect of Sections 44 and 44A CPC
Section 44 is an enabling provision. It allows a State Government to recognize, through an Official Gazette notification, specified decrees of Revenue Courts situated in parts of India where the CPC does not extend, so that those decrees may be executed within the State as though passed by courts of that State.
Section 44A provides a direct statutory mechanism for enforcement in India of money decrees or judgments of specified superior courts in notified reciprocating territories. The decree-holder must file a certified copy of the foreign decree in a District Court together with the prescribed satisfaction or adjustment certificate.
Execution under Section 44A remains subject to safeguards. Section 47 applies to the execution proceedings, and the District Court must refuse execution where the decree attracts any of the exceptions contained in clauses (a) to (f) of Section 13 CPC.
Important: Whether a foreign country or territory is a "reciprocating territory" depends on a Central Government notification, and the superior courts covered are those specified in that notification. Applicable notifications, State amendments, High Court rules and local procedural requirements should be checked before relying on these provisions in litigation.