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 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 I: “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 II: “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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