COURTS BY WHICH DECREE MAY BE EXECUTED
Section 43: Execution of Decrees by Civil Courts Outside the CPC
Jurisdiction
Purpose: Deals with execution of decrees passed by civil courts in areas
where the CPC does not apply.
Applicability:
o Applies to decrees passed by:
Civil courts in parts of India where CPC is not extended.
Courts established/continued by the Central Government
outside India.
Execution Rule:
o If such a decree cannot be executed within the jurisdiction where
it was passed, it can be executed by a competent court within
India (where CPC applies).
Significance:
o Enables a smooth cross-jurisdictional execution of civil decrees
when passed from courts not governed by the CPC.
🔹 Section 44: Execution of Decrees by Revenue Courts Outside the CPC
Jurisdiction
Purpose: Covers execution of decrees passed by Revenue Courts in
areas where CPC is not extended.
State Government Power:
o The State Government, by notification in the Official Gazette,
can declare:
That decrees or classes of decrees passed by Revenue
Courts outside CPC jurisdiction may be executed in that
State as if passed by courts in that State.
Effect:
o Revenue Court decrees (outside CPC areas) gain enforceability in
States within CPC jurisdiction, post notification.
🔹 Section 44A: Execution of Decrees Passed by Courts in Reciprocating
Territories
Purpose: Enables enforcement in India of foreign judgments/decrees
passed by courts in reciprocating territories.
Key Provisions:
1. Filing Requirement:
A certified copy of a decree passed by a superior court in
a reciprocating territory must be filed in a District Court
in India.
2. Execution Process:
Once filed, the decree is treated as if it were passed by
that Indian District Court.
3. Certificate of Satisfaction:
A certificate from the foreign superior court stating the
extent of satisfaction/adjustment of the decree must also
be filed.
This certificate is conclusive proof of how much of the
decree is already satisfied.
4. Section 47 Applicability:
From the time of filing, Section 47 CPC (questions relating
to execution) applies.
5. Grounds for Refusal:
Execution can be refused if the decree falls under any of the
exceptions in Section 13 (like fraud, breach of natural
justice, etc.).
Explanation 1:
o "Reciprocating Territory" = any country declared by the Central
Government via Official Gazette notification.
o "Superior Courts" = specific courts in that country as mentioned
in the notification.
Explanation 2:
o Only money decrees are covered.
o Exclusions:
Tax-related dues.
Penalties/fines.
Arbitral awards (even if enforceable as judgments) are not
included.
