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Section 45: Execution of decrees outside India

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Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 44 All 158 Sections of Code of Civil Procedure Section 46

Legal Commentary & Landmark Judgments: Section 45

Section 45 governs the execution of Indian civil decrees outside India in foreign territories where reciprocal authority is established by the Central Government.

  • Execution Outside India: So much of the foregoing sections as relates to the execution of decrees provides that a court may send a decree for execution to any court established by the Central Government in any foreign territory.
  • Central Government Notification: Requires bilateral treaty or official notification declaring that Section 45 applies to that foreign jurisdiction.
  • Sovereign Reciprocity: Precursor to Section 44A foreign reciprocating territory framework.
Key Landmark Precedents:
  • Nahar Industrial Enterprises Ltd. v. Hong Kong & Shanghai Banking Corp., (2009) 8 SCC 646: The Supreme Court discussed cross-border debt execution mechanisms under Section 45 and 44A.
  • Ethiopian Airlines v. Stic Travels (P) Ltd., (2001) 7 SCC 440: Affirmed that extraterritorial execution requires strict adherence to bilateral central notifications.
Courtroom Practice & Strategic Litigation Guidance:

To execute an Indian money decree against a debtor's foreign assets in the UAE, UK, or Singapore, follow Section 44A reciprocating territory procedures rather than Section 45.

Section 44 All 158 Sections of Code of Civil Procedure Section 46