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| Sections | Particulars |
|---|---|
| Part II | Execution |
| 44A | Execution of decrees passed by Courts in reciprocating territory |
| Description | (1) Where a certified copy of a decree of any of the superior Courts of {The words "the United Kingdom or " omitted by Act 71 of 1952, s.2.} any reciprocating territory has been filed in a District Court, the decree may be executed in {Subs. by Act 2 of 1951, s.for "the States".} [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 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 execution 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 an y of the exceptions specified in clauses (a) to (f) of section 13. {Subs. by Act 71 of 1952.s.2, for Explanations 1 to 3.} [Explanation 1.- "Reciprocation 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 2.- "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, bur shall in no case include an arbitration award, even if such an award is enforceable as a decree or judgment.]] |
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