Code of Civil Procedure, 1908
Code of Civil Procedure, 1908 — Section 43: Execution of decrees passed by British Courts in places to which this Part does not extend or in foreign territory
43. Execution of decrees passed by British Courts in places to which this Part does not extend or in foreign territory. Any decree passed by a Civil Court established in any 3[area in Pakistan] to which the provisions relating to execution do not extend, 4[* * *] may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in manner herein provided within the jurisdiction of any Court in 5[Pakistan]. 644. [Omitted] 1[44A. Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory.__ (1) Where a certified copy of a decree of any of the superior Courts of the United Kingdom or any reciprocating territory has been filed in a District Court, the decree may be executed in 2[Pakistan] as if it had been passed by the District Court.
(2)Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.
(3)The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13. Explanation 1.__ “Superior Courts”, with reference to the United Kingdom, means the High Court in England, the Court of Session in Scotland, the High Court in Northern Ireland the Court of Chancery of the Country Palatine of Lancaster and the Court of Chancery of the County Palatine of Durham. Explanation 2.__ “Reciprocating territory” means 3[the United Kingdom and such other country or territory as] the 4[Federal Government] may, from time to time, by notification in the 5[official Gazette], declare6 to be reciprocating territory for the purposes of this section; and "superior Courts", with reference to any such territory, means such Courts as may be specified in the said notification. Explanation 3.__ “Decree”, with reference to a superior Court, means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, and
(a)with reference to superior Courts in the United Kingdom, includes Judgments given and decrees made in any Court in appeals against such decrees or Judgments, but
(b)in no case includes an arbitration award, even if such award is enforceable as a decree or Judgment.] 45. 1[Omitted]
This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.
