Question: In what manner may decree of a foreign court be executed in India?

What manner the decree of a foreign court is executed in India?

Foreign decree of a reciprocating territory be executed as an Indian decree. By virtue of section 44A of the CPC, a decree of any superior court of a reciprocating territory shall be executed in India as a decree passed by the Indian district court.

Can a foreign decree be executed in India?

As foreign decree from the superior courts of a reciprocating territory can be executed in an Indian court, as if, the foreign decree had been passed by an Indian court, the party seeking execution of such foreign decree must pay a court filing fee, which varies from one State to the other.

When and how a decree of any foreign court can be executed in India?

“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.

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How can a foreign judgment be enforced in India?

A recognised foreign judgment can be enforced in India in two ways:

  1. enforcement of a judgment from a superior court of a reciprocating territory in the same manner as a decree passed by a domestic district court. …
  2. delivery of property specifically decreed, and in some cases arrest (if needed) in enforcement of a decree.

What is decree in Indian law?

“Decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.

What is a foreign judgment when does a foreign judgment becomes conclusive in nature Discuss with reference to decided case laws?

A foreign judgment is conclusive for any matter adjudicated between the parties. Such judgment is conclusive and would create Res judicata between the same parties or between parties under whom they or any of the claims.

What is limitation period for execution of decree?

➢ Under the Article 136 of the Limitation Act, 1963, the period. of limitation for the execution of any decree or order of any. Civil Court other than a decree granting a mandatory. injunction is 12 years.

What is the limitation period for enforcement of a foreign judgment?

Judicial Trend

Upon determination of enforceability, the foreign award is deemed to be a decree and its execution would thus be governed by Article 136 of the Limitation Act which provides for a period of 12 years.

Who can apply for execution?

1) Who can make application for execution? The decree holder himself. His legal representative if the decree holder is dead. Any person claiming under the decree holder.

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Who is decree holder?

” “decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made.

What is an ex parte decree?

An ‘Ex parte decree’ is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant.