DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY

CIVIL PROCEDURE CODE

PROJECT SYNOPSIS

“ENFORCEMENT OF THE FOREIGN DECREE”

SUBMITTED TO: - SUBMITTED BY:-

Mr. Vipul Vinod Ashutosh Yadav

Assistance Professor (Law) 2000101045

Sec-A
 INTRODUCTION

This project aims to study the relevance of the foreign judgement in the Indian Courts. A
judgment of an Indian court can only be enforced by proceedings in execution. A foreign
judgment, however, may be enforced by proceedings in execution in certain specified cases
only. There was at one time difference of opinion as to whether a suit could be maintained in
British India as it was then upon the judgment of a court of an Indian state or whether the
plaintiff could sue only upon the original cause of action.

STATEMENT OF THE PROBLEM

To study case laws related to section 44A and circumstances where foreign decrees and awards
can be enforced.

RESEARCH QUESTIONS
What is the scope of section 44A?
What is the relation between section 44A and section 13?
How does the reciprocity status of a country affect enforcement of an award?

RESEARCH METHODOLOGY

The research methodology is purely analytical. The facts and information already available
have been analysed to make a critical evaluation. To fulfil above said objectives data has been
collected through books, journals and internet etc.

REFERENCES

BOOKS

C.K. Takwani, Civil Procedure with Limitation Act, 1963 (8th edn, E.B.C. Reprinted 2018).

M.P. Jain, The Code of Civil Procedure (Dr Medha Kolhatkar, 4th edn, Lexis Nexis 2016).

Mulla, The Code of Civil Procedure (Vol 1, 19TH end, Lexis Nexis 2017)