Decisions Based On Reciprocating Territories And Section 13 Of Indian Civil Procedure Code

Reciprocating Territory and Superior Court in the Indian Civil Procedurs Code

George SK and N. Anand

The Ministry of Law and Justice of India has passed a notification on 17 January 2020 in the official Gazette of India declaring United Arab Emirates to be a reciprocating territory in respect with Explanation 1 to Section 44A of the Indian Code of Civil Procedure, 1908 (the CPC), read with Order XXI of the CPC. Per the above provisions, any certified copy of decree passed by a superior court of any reciprocating territory once filed before a District Court in India, such decree can be executable in India. Furthermore, such execution would have the same effect as if the local District Court passed the execution decree in India. (Algemene Bank Nederland Nv vs Satish Dayalal Choksi, AIR 1990 Bom 170). Section 44A of CPC sets out that the decree must be of a superior court of a reciprocating territory. A 'reciprocating territory' (as per CPC) means any country