Cross-border commerce produces cross-border judgments: a supplier wins in London, an investor in Singapore, a family member in Dubai — and the defendant's assets are in Delhi. Whether that foreign judgment can be converted into recovery in India depends on a compact statutory scheme: Section 44A of the Code of Civil Procedure, 1908 for decrees of superior courts of "reciprocating territories", a suit on the foreign judgment for everywhere else, and, in either route, the conclusiveness tests of Section 13. This article explains the two routes, the defences the judgment-debtor can raise, and the practical steps that decide how fast a foreign decree bites in Delhi.
The two routes at a glance
File a certified copy of the decree of a notified superior court, with a certificate of satisfaction status, in the Indian district court where execution is sought. The decree is executed as an Indian decree — no fresh suit, no re-trial of the claim.
Institute a suit in the competent Indian court using the foreign judgment as the cause of action. The trial is ordinarily confined to the Section 13 defences; success yields an Indian decree, which is then executed in the usual way.
The difference is time and vulnerability: Section 44A execution begins where litigation normally ends, while the suit route re-enters the queue of civil litigation — though summary procedures can shorten it where no triable defence under Section 13 exists.
Section 13: the six gates every foreign judgment must pass
Practicalities that decide speed
Foreign arbitral awards are a different highway altogether: New York Convention awards are enforced under Sections 44 to 49 of the Arbitration and Conciliation Act, 1996, not under Section 44A CPC. Choosing the wrong vehicle for the instrument in hand is a recurring and wholly avoidable error.
Planning points for cross-border creditors
Check reciprocity and the notified "superior court" status of the judgment-forum before choosing the route.
Sue where the defendant\'s assets are reachable; a swift foreign judgment against an India-asset defendant is only as good as its Indian enforcement plan.
Anticipate Section 13 at the drafting stage of the foreign proceedings: proper service, reasoned judgments on merits, and clean jurisdictional foundations pay off in India years later.
Diarise limitation for the enforcement step itself and act promptly — staleness breeds objections.
India enforces foreign judgments through a defined, workable scheme — direct execution for the notified few, a judgment-based suit for the rest, and the Section 13 gates for all. Creditors who prepare for the Indian leg from the outset convert foreign paper into Indian recovery with far less friction. This article is general information and is not legal advice on any individual case.
Frequently Asked Questions
What is a reciprocating territory?
A country or territory notified by the Central Government under Section 44A — the United Kingdom, Singapore and the United Arab Emirates are prominent examples, among others notified over the years. Decrees of the notified "superior courts" of such territories may be executed in India directly, as if passed by the Indian district court in which the certified copy is filed.
What if the judgment is from a non-reciprocating country, like the United States?
Direct execution is unavailable. The judgment-creditor must file a suit in India on the foreign judgment (or on the original cause of action), within the limitation period, and obtain an Indian decree — with the foreign judgment serving as evidence creating a strong presumptive case, subject to the Section 13 defences. The Indian decree is then executed normally.
What defences can the judgment-debtor raise?
The six exceptions in Section 13: the foreign court lacked jurisdiction in the international sense; the judgment was not on the merits; it appears on its face to be founded on an incorrect view of international law or a refusal to recognise applicable Indian law; the proceedings were opposed to natural justice; the judgment was obtained by fraud; or it sustains a claim founded on a breach of Indian law. These apply in execution under Section 44A just as in a suit.
Can execution under Section 44A cover any kind of foreign order?
No. The route is confined to decrees for the payment of a sum of money, excluding taxes, fines, penalties and amounts payable under arbitration awards — foreign arbitral awards travel under the separate enforcement regime of the Arbitration and Conciliation Act, 1996. Injunctions and specific-performance orders also fall outside Section 44A.