Print View

[Section Index]

The Code of Civil Procedure, 1908

( ACT NO. V OF 1908 )

Courts by which decrees may be executed

Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory.
1[44A.(1) Where a certified copy of a decree of any of the superior Courts of 2[* * *] any reciprocating territory has been filed in a District Court, the decree may be executed in Bangladesh 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 been 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 executing 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 any of the exceptions specified in clauses (a) to (f) of section 13.]
 
 
3[* * *]
 
 
Explanation 2.- "Reciprocating territory" means 4[any] country or territory as the Government may, from time to time, by notification in the official Gazette, declare to be 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 3.- "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, and
 
 
5[* * *]
 
 
(b) in no case includes an arbitration award, even if such award is enforceable as a decree or judgment.]

  • 1
    Section 44A was inserted by section 2 of the Code of Civil Procedure (Amendment) Act, 1937 (Act No. VIII of 1937)
  • 2
    The words "the United Kingdom or" were omitted by section 4 of the Code of Civil Procedure (Third Amendment), 2003 (Act No. XL of 2003)
  • 3
    Explanation 1 was omitted by section 4 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
  • 4
    The word "any" was substituted, for the words "the United Kingdom and such other" by section 4 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
  • 5
    Clause (a) of explanation 3 was omitted by section 4 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs