The statutory framework for enforcement and execution in India of foreign judgments and decrees pronounced by foreign courts is provided for in the Code of Civil Procedure, 1908 (CPC).
A foreign judgment can be enforced in India by instituting execution proceedings under Section 44A of the CPC if the judgment is delivered by a superior court in a reciprocating territory as notified by the Government of India.
Such foreign judgment will be treated as a decree and executed in India as if it had been passed by a court in India provided the foreign judgment is conclusive.
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Niranjan Raj is an associate at Titus & Co, Advocates and may be contacted at niranjanraj@titus-india.com.
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