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).
Associate
Titus & Co
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.
Niranjan Raj is an associate at Titus & Co, Advocates and may be contacted at niranjanraj@titus-india.com.
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