Section 44 of CPC : Section 44: Execution of decrees passed by Revenue Courts in places to which this Code does not extend. 44A. Execution of decrees passed by Courts in reciprocating territory.

CPC

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Explanation using Example

Example 1:

Scenario: A farmer in Maharashtra owes money to a lender in Gujarat. The lender takes the farmer to a Revenue Court in Gujarat, which issues a decree ordering the farmer to pay the debt. However, the Code of Civil Procedure, 1908, does not extend to the area where the Revenue Court in Gujarat is located.

Application of Section 44: The State Government of Maharashtra issues a notification in the Official Gazette declaring that decrees from the Revenue Court in Gujarat can be executed in Maharashtra. The lender can now approach a court in Maharashtra to execute the decree as if it had been passed by a court in Maharashtra. This allows the lender to recover the debt from the farmer's assets located in Maharashtra.

Example 2:

Scenario: An Indian company wins a lawsuit in a superior court in the United Kingdom (a reciprocating territory) against an individual residing in India. The UK court issues a decree ordering the individual to pay a sum of money to the company.

Application of Section 44A:

  1. The Indian company obtains a certified copy of the UK court's decree and a certificate from the UK court stating the extent to which the decree has been satisfied or adjusted.
  2. The company files these documents in a District Court in India.
  3. The District Court in India treats the UK court's decree as if it were passed by an Indian court and proceeds to execute it.
  4. The individual in India is required to pay the sum of money as ordered by the UK court, unless the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13 (e.g., the decree was obtained by fraud, or it is contrary to public policy).

These examples illustrate how Section 44 and Section 44A of the Code of Civil Procedure, 1908, facilitate the execution of decrees from Revenue Courts in non-extended areas and from superior courts in reciprocating territories, respectively.