Section 44A of CPC : Section 44A: Execution Of Decrees Passed By Courts In Reciprocating Territory

Explanation using Example

Here's a hypothetical scenario demonstrating the use of Section 44A of The Code of Civil Procedure, 1908:

Imagine a Canadian company, Maple Inc., wins a lawsuit against an Indian company, Bharat Pvt. Ltd., in a superior court in Canada, which is a reciprocating territory as declared by the Indian Central Government. Maple Inc. is awarded a monetary judgment. To collect the awarded sum, Maple Inc. needs to enforce the Canadian court's decree in India, where Bharat Pvt. Ltd. has its assets.

Under Section 44A, Maple Inc. can file a certified copy of the Canadian decree in an Indian District Court. Along with the decree, Maple Inc. also files a certificate from the Canadian court confirming the extent to which the decree has been satisfied. The Indian District Court treats the Canadian decree as if it were a decree passed by itself and proceeds to execute it accordingly, allowing Maple Inc. to collect the debt from Bharat Pvt. Ltd.'s assets in India.