How to Execute Foreign Judgments in Pakistan: Section 44A CPC, Reciprocating Territories and Defences

Understanding how to execute foreign judgments in Pakistan is essential for any business or counsel pursuing cross-border debt recovery or contractual enforcement in the country. Pakistan’s Code of Civil Procedure, 1908 (CPC), principally Section 44A, provides the statutory gateway, but the process demands careful attention to documentation, reciprocating-territory notifications, and a range of procedural defences that judgment debtors routinely raise. This guide delivers a practitioner-level, step-by-step roadmap covering the three main enforcement routes, the evidence pack you need to assemble, the reciprocity rules that determine which route is available, and the tactical responses to every common defence.

Whether you are in-house counsel holding a London Commercial Court award or a litigator with a Dubai decree, the checklist below will help you move from certified copy to executable order in the shortest realistic timeframe.

Quick Answer: Three Routes for Enforcement of Foreign Judgments in Pakistan

Yes, a foreign judgment can be enforced in Pakistan. The available route depends on the judgment’s origin, its finality, and whether the issuing country has been notified as a reciprocating territory under Pakistani law. In summary:

1. Direct execution under Section 44A CPC, available where the decree originates from a court in a reciprocating territory, is final and conclusive, and is not caught by any statutory exception.
2. Recognition and registration, used where the foreign judgment requires judicial confirmation before it can be treated as an executable domestic decree, typically for non-monetary orders or where finality is contested.
3. Action on the judgment (fresh suit), the fallback where neither of the above applies; the judgment creditor files a civil suit in Pakistan relying on the foreign decree as conclusive evidence of the debt.

The right route can mean the difference between a four-week attachment and a twelve-month trial. A qualified international commercial practitioner should evaluate the facts before the first filing is made.

Legal Basis: Section 44A CPC Pakistan and Other Statutory Routes

The enforcement of foreign judgments in Pakistan rests on a combination of statutory provisions, principles of private international law, and judicial precedent. The cornerstone statute is Section 44A of the Code of Civil Procedure, 1908, inserted by amendment to provide a streamlined execution mechanism for decrees passed by courts in certain foreign countries.

Text and Scope of Section 44A CPC Pakistan

Section 44A CPC provides, in essence, that where a certified copy of a decree of any of the superior courts of any reciprocating territory has been filed in a District Court, the decree may be executed in Pakistan as if it had been passed by the District Court itself. The provision is limited by important qualifications: the decree must be final and conclusive between the parties, and it must not fall within the exceptions set out in Section 13 of the CPC. The Law & Justice Commission of Pakistan (LJCP) has discussed the application of this provision in detail in its Report No.

84 on the execution of foreign decrees, noting the practical importance of the reciprocating-territory requirement and the authentication steps that must precede any filing.

When Section 44A Applies vs When Registration or a Fresh Suit Is Required

Section 44A is a facilitative provision, it eliminates the need for a fresh trial on the merits. However, it only applies where three conditions are met simultaneously:

• Reciprocating territory. The decree must originate from a superior court in a country notified as a reciprocating territory under the CPC.
• Finality. The decree must be final and conclusive, not subject to a pending appeal or review in the issuing jurisdiction.
• No Section 13 bar. The decree must not offend any of the grounds on which a foreign judgment is treated as inconclusive under Section 13 CPC (discussed in the defences section below).

Where any of these conditions is absent, the judgment creditor must pursue recognition through the courts or commence a fresh civil action in Pakistan, relying on the foreign decree as prima facie evidence of the obligation. The principle of international comity supports recognition of foreign judgments in pakistan, but it does not override statutory requirements.

How to Execute Foreign Judgments in Pakistan: Step-by-Step Execution Routes

This section sets out a practitioner checklist for each of the three enforcement routes. The route you select depends on the classification exercise above. In every case, early preparation of the evidence pack is critical, delays in legalisation or translation can add months.

Route A: Direct Execution Under Section 44A CPC, Steps 1–8

This is the fastest route and the one most commonly used for final monetary decrees from reciprocating territories. The following numbered steps represent current practice:

1. Obtain a certified copy of the foreign decree from the issuing court. The copy must be certified by the court or by the judicial authority responsible for maintaining the court record.
2. Legalise or apostille the decree. If the issuing country is a Hague Apostille Convention contracting state, obtain an apostille. If not, the decree must be consularly legalised through the Pakistan embassy or consulate in the issuing country (see the legalisation section below).
3. Arrange a sworn Urdu or English translation if the decree is in a language other than Urdu or English. The translation must be certified by an authorised translator.
4. Prepare a supporting affidavit confirming: the identity of the decree-holder and the judgment debtor; that the decree is final and conclusive; that no appeal is pending; and that the decree has not been satisfied.
5. File the certified copy together with the affidavit in the relevant District Court in Pakistan, typically the court with territorial jurisdiction over the judgment debtor’s assets or place of residence.
6. Serve notice on the judgment debtor. The court will issue notice requiring the judgment debtor to show cause why the decree should not be executed.
7. Attend the execution hearing. If no valid objection is raised (see defences below), the court will treat the foreign decree as if it were a decree of the District Court itself and issue an order for execution.
8. Proceed with attachment and recovery. Once the order is made, standard domestic execution remedies apply, attachment of bank accounts, movable and immovable property, arrest (in limited circumstances), and garnishee orders.

Typical timeline: where documentation is complete and no substantive objection is raised, execution orders under Section 44A can be obtained within four to twelve weeks of filing. Delays are almost always caused by incomplete legalisation or contested service.

Route B: Registration and Recognition of Foreign Judgments in Pakistan

Where the foreign judgment does not qualify for direct execution, because the issuing country is not a reciprocating territory, or because finality is contested, the judgment creditor may file an application for recognition and registration of the decree before a competent court. The steps are:

1. File a petition for recognition in the relevant High Court or District Court, attaching the certified and legalised copy of the judgment, supporting affidavits, and evidence of proper service in the foreign proceedings.
2. Serve notice on the judgment debtor in Pakistan.
3. Attend a hearing on recognisability. The court will examine whether the foreign judgment satisfies the conditions of Section 13 CPC and whether it should be recognised as binding on the parties.
4. Obtain an order of registration, once registered, the judgment is treated as a domestic decree and can be enforced through the normal execution process.

Typical timeline: three to six months, depending on contested issues and the court’s calendar.

Route C: Enforcement by Fresh Action (Suit on the Judgment)

Where neither Section 44A nor the registration route is practical, the judgment creditor may commence a fresh civil suit in Pakistan relying on the foreign decree as conclusive evidence of the debt under Section 13 CPC. This route mirrors ordinary civil litigation, with the foreign judgment treated as a strong evidentiary foundation rather than an immediately executable order. Timelines range from six to twelve months or longer, depending on contested issues.

Execution Route Comparison

Evidence and Documentation Checklist for Executing Foreign Judgments in Pakistan

An incomplete or improperly authenticated document pack is the single most common reason enforcement applications stall. The evidence pack below should be assembled before any court filing.

• Certified copy of the foreign decree. Issued and sealed by the clerk or registrar of the foreign court. Some jurisdictions issue a “sealed and certified” version; others require a separate certificate of authenticity.
• Consular legalisation or apostille. The certified copy must be authenticated for use in Pakistan (see below).
• Sworn translation. If the decree is not in Urdu or English, a certified translation by an authorised translator is required. Both the original and the translation should be filed.
• Affidavit of the decree-holder. Confirming the decree is final and conclusive, no appeal is pending, and the judgment remains unsatisfied in whole or in part.
• Evidence of service. Proof that the judgment debtor was properly served in the foreign proceedings, this is critical to defeating a jurisdiction or due-process defence.
• Evidence of assets in Pakistan. While not a filing requirement, counsel should prepare a preliminary asset schedule (bank accounts, immovable property, corporate shareholdings) to support any attachment application immediately upon obtaining the execution order.

Legalisation vs Apostille: When Each Is Required

Pakistan is not a contracting state to the Hague Apostille Convention. In practice, this means that documents from most countries must be consularly legalised, authenticated first by the issuing country’s foreign affairs ministry, and then by the Pakistan embassy or consulate in that country. For countries that are themselves parties to the Apostille Convention, the apostille alone may satisfy authentication requirements in some Pakistani courts, but the safer approach remains full consular legalisation. Practitioners should confirm current embassy requirements with the relevant Pakistan mission before legalising documents.

Suggested Affidavit Language

The supporting affidavit should include, at a minimum, the following confirmations:

“I, [Name], decree-holder in [Case Title and Number], solemnly state and affirm: (1) The annexed document is a true and certified copy of the decree dated [Date] passed by [Name of Court] in [Country]. (2) The said decree is final and conclusive and is not subject to any pending appeal or review. (3) The decree has not been satisfied in full. (4) The judgment debtor was duly served with process in the foreign proceedings. Annexed hereto and marked as Exhibit A is the certified copy of the decree. Exhibited as Exhibit B is evidence of service upon the judgment debtor.”

Reciprocating Territories: Notifications, How to Verify, and Practical Impact

The concept of a reciprocating territory is central to understanding how to execute foreign judgments in Pakistan under Section 44A. A “reciprocating territory” is a country or territory that the Federal Government of Pakistan has declared, by notification in the Official Gazette, to be a country whose courts offer reciprocal enforcement of decrees passed by Pakistani courts.

The designation of reciprocating territories is made under Section 44A itself and is periodically updated by government notification. The practical impact is significant: decrees from courts in notified reciprocating territories can be executed directly under Section 44A, while decrees from non-reciprocating countries must take the longer registration or fresh-suit route.

Common Reciprocating Jurisdictions and How to Verify the List

Historically, the United Kingdom has been the most significant reciprocating territory for Pakistan, reflecting the shared common-law heritage and the original CPC framework inherited at independence. Several other Commonwealth jurisdictions have also been notified from time to time. However, the precise list of reciprocating territories is subject to amendment, and practitioners must verify the current notifications before filing.

To verify whether a particular country is a reciprocating territory Pakistan currently recognises:

• Check the Official Gazette of Pakistan for the most recent notifications under Section 44A CPC.
• Consult the LJCP, which has compiled guidance on the reciprocity framework in Report No. 84.
• Contact the Ministry of Law and Justice or the relevant Pakistan embassy for a current listing.
• Review the Multilaw Enforcement Guide for Pakistan, which provides a practitioner-level summary of the reciprocating-territory position.

Important caveat: readers should not rely solely on secondary summaries. The official Gazette notification is the definitive source, and the list may have been amended since any published practitioner guide was last updated.

Common Defences to Foreign Judgments in Pakistan and How to Counter Them

Section 13 of the CPC sets out the grounds on which a foreign judgment will not be treated as conclusive in Pakistan. These grounds form the basis of virtually every defence raised against enforcement. Understanding foreign judgments defences Pakistan courts accept, and preparing evidence to defeat them, is essential to any enforcement strategy.

• Public policy exception Pakistan. A foreign judgment will not be enforced if it offends Pakistani public policy or public morals. Courts interpret this exception narrowly, it does not extend to mere disagreement with the foreign court’s reasoning. To counter this defence, counsel should prepare a brief analysis demonstrating that the subject matter and the relief granted are consistent with Pakistani legal principles and do not violate any mandatory rule of Pakistani law.
• Lack of jurisdiction / improper service. The judgment debtor may argue that the foreign court lacked jurisdiction over them, or that they were not properly served with process. This is one of the most frequently raised defences. Countering it requires: (a) evidence that the judgment debtor submitted to the jurisdiction of the foreign court (by appearance, contractual choice of forum, or residence), and (b) certified proof of service in the foreign proceedings.
• Fraud. A judgment obtained by fraud, whether on the part of the decree-holder or of the foreign court, is not enforceable. The burden is on the judgment debtor to establish fraud. Counsel for the decree-holder should pre-emptively disclose the full procedural history and flag any allegations of fraud in the supporting affidavit, demonstrating their absence.
• Judgment founded on a breach of Indian/Pakistani law. Under Section 13(d) CPC, a foreign judgment founded on a breach of any law in force in Pakistan is inconclusive. This ground is rarely invoked in commercial disputes but can arise where the underlying contract contains provisions that are unenforceable under Pakistani law.
• Appeal pending or judgment not final. If an appeal is pending in the foreign jurisdiction, the decree is not treated as final and conclusive, a prerequisite for Section 44A. Counsel should obtain and file a certificate from the foreign court confirming that no appeal has been filed, or that the appeal period has expired.
• Conflicting domestic judgment. Where a Pakistani court has already adjudicated the same dispute between the same parties, the foreign judgment may be refused recognition. This is uncommon in practice but should be checked during due diligence.

Leading Case Precedents

Pakistani High Courts have considered defences to enforcement in numerous reported decisions. The High Court of Sindh has addressed execution applications under Section 44A and examined the interplay between the finality requirement and the Section 13 exceptions in several procedural orders. Courts have consistently held that the Section 13 exceptions must be interpreted restrictively, the policy of the law favours enforcement, and a judgment debtor bears a heavy evidentiary burden when raising defences. Practitioners should review current reported decisions from the relevant provincial High Court before filing, as judicial approach can vary between Sindh, Punjab, Islamabad, and the other jurisdictions.

Practical Timelines, Costs, and Enforcement Tactics

Realistic cost and timing estimates help businesses plan cash-flow expectations and allocate legal budgets efficiently.

• Section 44A execution: 4–12 weeks from complete filing to executable order (assuming no contested defence).
• Registration / recognition: 3–6 months, depending on court workload and contested issues.
• Fresh suit on the judgment: 6–12+ months, as it follows the ordinary civil trial timeline.

Cost components typically include: court filing fees (relatively modest in Pakistan), counsel fees (the largest variable), legalisation and translation expenses, and process-serving charges. For complex multi-jurisdictional enforcement, asset-tracing costs can add a further layer.

Asset preservation checklist:

• Identify the judgment debtor’s bank accounts through corporate registry searches and known commercial relationships.
• Search the relevant Sub-Registrar’s office for immovable property holdings.
• Consider applying for an interim injunction or freezing order simultaneously with the execution application to prevent asset dissipation.
• Where the judgment debtor is a company, check Securities and Exchange Commission of Pakistan (SECP) filings for registered charges, shareholding patterns, and subsidiary holdings.

Sample Forms and Template Checklist

The following template provides a starting point for the Application for Execution under Section 44A CPC. All applications should be adapted to the specific facts of the case and reviewed by qualified counsel before filing.

Sample Application for Execution (Short Form):

“In the Court of the District Judge [City/District]. Application under Section 44A of the Code of Civil Procedure, 1908. The decree-holder respectfully submits: (1) By decree dated [Date], the [Name of Foreign Court] in [Country] decreed the sum of [Amount and Currency] in favour of the decree-holder and against the judgment debtor. (2) A certified and duly legalised copy of the said decree is annexed hereto as Exhibit A. (3) The said country has been notified as a reciprocating territory under Section 44A CPC. (4) The decree is final and conclusive. No appeal is pending.

The decree-holder prays that this Honourable Court be pleased to execute the said decree as if it were a decree of this Court, and grant attachment of the judgment debtor’s assets as detailed in Schedule 1 hereto.

One-page filing checklist:

• Certified copy of foreign decree (original + two copies)
• Legalisation certificate / apostille
• Sworn translation (if applicable)
• Affidavit of the decree-holder
• Proof of service in the foreign proceedings
• Schedule of the judgment debtor’s known assets in Pakistan
• Court filing fees (calculate based on decretal amount)
• Vakalat-nama (power of attorney for Pakistan counsel)

Conclusion

Knowing how to execute foreign judgments in Pakistan requires mastery of three enforcement routes, Section 44A direct execution, registration and recognition, and action on the judgment, together with meticulous document preparation and a clear strategy for countering defences. Early assembly of the evidence pack, verification of reciprocating-territory status, and proactive asset tracing dramatically increase the prospects of a swift and effective recovery. For jurisdiction-specific advice on enforcement strategy, consult a qualified international commercial law practitioner through the Global Law Experts directory.

This article provides general legal guidance and is not a substitute for professional legal advice. Readers should consult qualified counsel before taking any action based on the information presented here. The list of reciprocating territories and procedural requirements may change, always verify current notifications before filing.

Sources

1. Law & Justice Commission of Pakistan, Report No. 84: Execution of Foreign Decrees
2. High Court of Sindh, Caselaw viewer (execution orders)
3. ABS & Co, Enforcement of Foreign Judgments in Pakistan
4. Multilaw, Enforcement of Foreign Judgements (Pakistan)
5. International Bar Association, Cross-border Enforcement Overview (Pakistan)
6. Zia G. Shaikh, Pakistan Enforcement of Foreign Judgments
7. Penningtons Manches Cooper, Recognition & Enforcement of Pakistani Judgments and Arbitral Awards in England