How to Execute a Foreign Decree in India (section 44A CPC), 2026 Practical Guide

Understanding how to execute a foreign decree in India is essential for any judgment creditor seeking to recover debts or enforce contractual obligations against parties with assets on the subcontinent. The primary statutory mechanism is Section 44A of the Code of Civil Procedure, 1908 (CPC), which allows decrees from “superior courts” in notified reciprocating territories to be executed directly by Indian district courts, without requiring a fresh suit. A December 2025 Delhi High Court decision has clarified that decree holders may pursue simultaneous enforcement across multiple jurisdictions, and the latest 2026 practitioner updates confirm the continued relevance of the Central Government’s Official Gazette notification system for verifying reciprocating-territory status.

This guide provides the step-by-step process, document requirements, limitation rules, available defenses, and strategic considerations that in-house counsel and litigation teams need in 2026.

Key Takeaways

• Two routes exist. If the foreign decree originates from a superior court in a reciprocating territory notified under Section 44A CPC, it can be executed directly. If not, the decree holder must file a fresh domestic suit using the foreign judgment as evidence.
• Verification is non-negotiable. Before filing, confirm the originating country’s reciprocating status through the Official Gazette at egazette.nic.in, an incorrect assumption here will derail the entire application.
• Limitation matters. The applicable limitation period for execution of a foreign decree in India is generally twelve years from the date the decree becomes enforceable, but the Supreme Court has addressed nuances that practitioners must account for when computing this window.

Legal Framework: Enforcement of Foreign Judgments in India Under the CPC

The recognition and enforcement of foreign judgments in India is governed by two parallel mechanisms within the Code of Civil Procedure, 1908. The route a judgment creditor must follow depends entirely on whether the foreign decree was issued by a court in a territory that the Central Government has declared “reciprocating” under Section 44A CPC.

What Section 44A CPC Allows, and Its Limits

Section 44A CPC provides that where a certified copy of a decree from a superior court of any reciprocating territory is filed in a district court in India, that decree may be executed as if it had been passed by the Indian district court itself. The provision is a significant procedural shortcut: it eliminates the need for the decree holder to re-litigate the merits of the underlying dispute.

However, the section carries important constraints. The decree must originate from a “superior court”, a term defined to include courts of equivalent standing to Indian High Courts or above, though in practice the notification for each territory specifies which foreign courts qualify. Furthermore, the section historically applied to monetary decrees, though the scope has been interpreted with some variation in case law. Practitioners should note that execution under Section 44A remains subject to the defenses available under Section 13 CPC, meaning a judgment debtor can still resist enforcement on specific statutory grounds.

When to File a Fresh Suit Using the Foreign Judgment as Evidence

If the originating country is not a reciprocating territory, or if the decree was issued by a court that does not meet the “superior court” threshold, the decree holder cannot use Section 44A. Instead, the judgment creditor must initiate a fresh suit before an Indian court of competent jurisdiction, presenting the foreign judgment as evidence of the debt or obligation. The Indian court will then examine the foreign judgment under the tests set out in Section 13 CPC (which lists grounds on which a foreign judgment shall not be recognised) before passing its own decree.

This route is slower and more expensive, but it remains the only option for decrees originating from non-reciprocating territories such as the United States or mainland China.

Reciprocating Territories: Who Qualifies and How to Verify

A reciprocating territory is any country or territory that the Central Government of India has declared, by notification in the Official Gazette, to be a territory whose courts grant reciprocal treatment to Indian decrees. The notification mechanism under Section 44A CPC is the sole legal basis for reciprocity, no bilateral treaty or diplomatic assurance substitutes for a formal Gazette notification.

Countries historically notified as reciprocating territories include the United Kingdom, Singapore, Hong Kong, Malaysia, New Zealand, several Commonwealth nations, and certain other jurisdictions. However, the list evolves: territories can be added or removed by fresh notification. For any execution filing, practitioners must independently verify the current reciprocating status at the time of filing.

Step-by-Step Verification Process

Common Pitfalls When Verifying Reciprocating Territory Status

• Outdated lists. Many online lists of reciprocating territories india circulate without revision dates. Always verify against the Gazette directly rather than relying on secondary compilations.
• Partial reciprocity. Some notifications limit reciprocity to specific courts within a territory. A decree from a lower court in an otherwise reciprocating territory may not qualify.
• Court-level mismatch. The “superior court” requirement means that even in a notified territory, decrees from small-claims tribunals or magistrate-level courts may fall outside Section 44A’s scope.

How to Execute a Foreign Decree in India: Step-by-Step Process

Once reciprocating-territory status is confirmed, the execution of foreign judgments in India under Section 44A follows a structured procedural path. The steps below reflect current court practice and documentation requirements as understood in 2026.

Step 1, Obtain Certified Copies and Certificate of Non-Satisfaction

Request from the foreign court registry: (a) a certified copy of the decree, including any schedules or annexures; and (b) a certificate confirming that the decree has not been satisfied, or stating the outstanding balance. These documents form the evidentiary foundation of the execution petition. The certificate of non-satisfaction is critical, without it, the Indian court cannot confirm that execution remains necessary.

Step 2, Legalisation and Translation

The certified decree and supporting documents must be legalised for use in India. If the originating country is a party to the Hague Apostille Convention, an apostille from the competent authority suffices. If not, consular legalisation through the Indian embassy or consulate in the originating country is required. Any document not in English or Hindi must be accompanied by a verified translation prepared by a certified translator and notarised.

Step 3, Prepare the Execution Petition

Draft the execution petition in the prescribed format under Order 21 CPC. The petition must set out: the identity of the decree holder and judgment debtor; the nature and amount of the decree; the property or assets against which execution is sought; and the statutory basis for execution (Section 44A CPC). An affidavit verifying the facts, signed by the decree holder or an authorised representative, must accompany the petition. Court fees are payable according to the fee schedule of the filing court, typically ad valorem for money decrees.

Step 4, Identify the Correct Filing Court

The execution petition is filed in the district court within whose jurisdiction the judgment debtor resides, carries on business, or holds assets. Where the judgment debtor has assets in multiple districts, the decree holder may choose the most strategically advantageous forum. In certain situations, particularly for high-value commercial disputes, it may also be possible to file in the High Court’s original jurisdiction, depending on the applicable local rules.

Step 5, Required Attachments and Evidence

The filing package should include all documents necessary to establish the court’s jurisdiction, the validity of the decree, and the outstanding obligation.

Step 6, Court Proceedings and Typical Timeline

After filing, the court will examine the petition for completeness and issue notice to the judgment debtor. The judgment debtor then has an opportunity to file objections, typically within 30 days of service, though timelines vary by court. Common procedural stages include:

1. Admission: Court verifies that the petition is in order and the decree qualifies under Section 44A CPC.
2. Notice to judgment debtor: Service of summons, including substituted service if the debtor evades personal service.
3. Objections hearing: The judgment debtor may raise defenses under Section 13 CPC or challenge procedural compliance.
4. Execution order: If objections fail, the court proceeds to execute the decree through attachment and sale of assets, garnishment of bank accounts, or arrest (in limited circumstances).

Industry observers expect that an uncontested execution can conclude within four to eight months from filing. Contested matters, particularly those involving defenses under Section 13 CPC, may take twelve to twenty-four months or longer.

Limitation Period for Execution of a Foreign Decree in India

The limitation period for execution of a foreign decree in India is a critical planning consideration. Under the Limitation Act, 1963 (read with the CPC), the general limitation period for execution of a decree is twelve years from the date on which the decree becomes enforceable. However, the Supreme Court has addressed specific nuances affecting foreign decrees under Section 44A.

Practitioner commentary, including analysis from leading firms, notes that the Supreme Court’s guidance clarified that the limitation clock for a Section 44A execution begins from the date the foreign decree becomes enforceable in the originating jurisdiction, not from the date of filing in India. This distinction is crucial where foreign courts allow extended appeal periods or where there is a delay in obtaining certified copies.

The practical lesson is clear: judgment creditors should begin the execution process, including document procurement and reciprocating-territory verification, as early as possible after the foreign decree becomes final. Running limitation is a non-curable defect, and courts will dismiss time-barred execution petitions without reaching the merits.

Typical Defenses and How to Prepare: Section 13 CPC and Related Grounds

Even where a foreign decree meets all Section 44A requirements, the judgment debtor retains the right to resist execution on specific statutory grounds. Understanding these defenses to enforcement under Section 13 CPC is essential for both decree holders (who must pre-empt them) and judgment debtors (who must raise them at the earliest opportunity).

Section 13 CPC Defenses Mapped to Foreign Decree Execution

• Not a competent-court decree (Section 13(a)). The judgment debtor may argue that the foreign court was not a court of competent jurisdiction, for example, that the debtor was not resident in the territory, did not submit to its jurisdiction, and the cause of action did not arise there. Preparation: The decree holder should file evidence of the debtor’s jurisdictional nexus with the foreign forum (contracts, place of performance, submission agreements).
• Merits not decided (Section 13(b)). If the foreign decree was passed on a default or ex parte basis without a decision on the merits, the debtor may resist enforcement. Preparation: Attach the foreign court’s reasoned judgment or order sheet showing that the merits were adjudicated, even if in the debtor’s absence after due service.
• Decree founded on an incorrect view of international law (Section 13(c)). This ground is narrow and rarely succeeds, but it allows objections where the foreign court demonstrably misapplied principles of international law or Indian law. Preparation: Pre-emptive submissions on the applicable law analysis in the foreign judgment.
• Proceedings contrary to natural justice (Section 13(d)). The debtor may argue that the foreign proceedings violated principles of natural justice, typically, that adequate notice of the proceedings was not served. Preparation: File affidavits of service, proof of delivery, and any foreign-court orders confirming compliance with service requirements.
• Decree obtained by fraud (Section 13(e)). Fraud vitiates all proceedings. If the debtor can demonstrate that the foreign decree was procured through fraudulent misrepresentation, execution may be refused. Preparation: Decree holders should ensure a clean evidentiary record and be ready to respond with witness evidence and document trails.
• Claim founded on a breach of Indian law (Section 13(f)). If enforcing the decree would contravene Indian public policy, including situations where the underlying claim relates to a matter governed by Indian law that was incorrectly applied abroad, execution may be refused. Preparation: Submit a public-policy analysis demonstrating that the decree’s enforcement is consistent with Indian legal principles.

Early identification of which defenses the judgment debtor is likely to raise, and proactive documentary preparation, materially reduces the risk of protracted objection proceedings and improves the probability of swift execution.

Simultaneous Execution of a Foreign Decree in India and Abroad

A significant development for international enforcement strategy emerged in December 2025, when the Delhi High Court addressed the question of whether a decree holder may pursue execution of the same foreign decree simultaneously in India and in other jurisdictions. As reported in practitioner analysis, the Court held that simultaneous enforcement proceedings in different jurisdictions are permissible, provided the decree holder does not recover in excess of the decretal amount.

The practical consequences are substantial. Judgment creditors with debtors holding assets across multiple countries no longer need to await the outcome of enforcement in one jurisdiction before commencing proceedings in another. Industry observers expect this to become standard practice in multinational recovery strategies, though careful coordination is needed to avoid over-recovery and to manage stay applications.

Court Practice Notes and Cost Considerations

How to execute a foreign decree in India varies in practical detail across different district courts and High Courts. Regional practice differences that in-house counsel should anticipate include:

• Additional legalisation stamps: Certain district courts in Maharashtra and Delhi may request additional notarisation or sub-registrar stamps on translated documents, beyond the apostille.
• Filing-fee calculations: Court fees for execution petitions are generally ad valorem (calculated as a percentage of the decree amount), but the applicable rates and ceilings differ by state. Confirm the fee schedule of the specific filing court before drafting the petition.
• Process-server costs: Service of notice on the judgment debtor attracts process-server fees and, if substituted service is required (publication in newspapers or court-notice boards), additional publication costs.
• Translation and legalisation costs: Certified translation typically costs between INR 1,000 and INR 3,000 per page; apostille fees vary by originating country (usually USD 10–50 per document).

In-house counsel budgeting for a Section 44A CPC execution should factor in legal fees (counsel retainer and appearance fees), court fees, document-procurement costs from the foreign court, legalisation expenses, and potential costs for contested hearings including expert evidence and witness travel.

Sample Filing Timeline: How to Execute a Foreign Decree in India Within 12 Weeks

This timeline assumes cooperative circumstances. Decree holders should build in buffer periods for each stage, particularly for document procurement from foreign courts and for service on judgment debtors who may be difficult to locate.

Key Developments Affecting Execution Strategy in 2026

Appendix: Verifying the List of Reciprocating Territories in India

The definitive list of reciprocating territories under Section 44A CPC is maintained through Central Government notifications published in the Official Gazette of India. The Gazette is searchable online at egazette.nic.in. Search for notifications issued under Section 44A of the Code of Civil Procedure, 1908, or by the name of the specific country.

If the notification for a particular territory cannot be located through the online Gazette archive, practitioners should direct a formal query to the Ministry of Law and Justice (Legislative Department) or to the court registry where filing is intended. Many experienced district court registries maintain internal reference lists and can confirm reciprocating status informally, though a certified Gazette extract remains the gold-standard exhibit for any execution petition. Practitioners should also cross-reference with up-to-date jurisdictional guides such as the ICLG Enforcement of Foreign Judgments chapter on India.

For strategic advice on how to execute a foreign decree in India, including pre-filing assessment, document preparation, and representation before Indian courts, find an India commercial disputes lawyer through Global Law Experts.

Sources

1. Code of Civil Procedure, 1908, IndiaCode (Section 44A, Sections 13–14, Order 21)
2. Official Gazette of India, Central Government Notifications under Section 44A CPC
3. Cyril Amarchand Mangaldas, SC Rules on Limitation Period for Execution of Foreign Decrees under Section 44A
4. Law.asia, Foreign Decree Enforcement in India
5. ICLG, Enforcement of Foreign Judgments: India (2026)
6. Nishith Desai Associates, Supreme Court Rules on Limitation Period for Execution of Foreign Judgments in India
7. AcuityLaw, FAQs on Enforcement of Foreign Decree in India
8. AdmiraltyPractice.com, Execution of Foreign Decrees
9. IBA, Cross-Border Enforcement Overview (India)
10. IPLeaders, Can a Foreign Decree Be Executed in India?