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Section 44: Execution of decrees passed by Revenue Courts in places to which this Code does not extend

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 43 All 158 Sections of Code of Civil Procedure Section 45

Legal Commentary & Landmark Judgments: Section 44

Section 44 regulates the execution of decrees passed by Revenue Courts in places to which the CPC does not extend, subject to state notification.

  • Revenue Decrees Execution: State Government may by notification declare that decrees of any Revenue Court in any part of India to which the Code does not extend may be executed in the State.
  • Parity with Domestic Decrees: Executed in the same manner as if passed by a court in that State.
  • Agricultural Rent Recovery: Facilitates agrarian rent recovery across provincial revenue boundaries.
Key Landmark Precedents:
  • State of U.P. v. District Registrar, (2006) 3 SCC 430: Examined inter-state enforcement of revenue decrees under Section 44.
  • Mohar Singh v. Devi Charan, (1988) 3 SCC 63: Affirmed the reciprocal statutory enforcement of agricultural revenue claims.
Courtroom Practice & Strategic Litigation Guidance:

Verify gazette notifications under Section 44 before seeking execution of an out-of-state revenue court rent decree in a domestic civil court.

Section 43 All 158 Sections of Code of Civil Procedure Section 45