Foreign decree execution under Section 44A CPC can lie before the Delhi High Court within its ordinary original civil jurisdiction.

Section 44A CPC permits execution of a foreign decree of a reciprocating territory by filing a certified copy in the forum having the character of a District Court under the Code. The Supreme Court held that, where the Delhi High Court exercises ordinary original civil jurisdiction within the notified pecuniary limits, it falls within that concept for execution purposes; the High Court was therefore competent to entertain the execution petition, and the contrary view was set aside.

---

---

Issues: Whether the High Court of Delhi, in exercise of its ordinary original civil jurisdiction, was competent to entertain execution of a foreign money decree under Section 44A of the Code of Civil Procedure, 1908 when the decretal value exceeded the pecuniary limit then notified under Section 5(2) of the Delhi High Court Act, 1966.

Analysis: Section 44A of the Code permits execution in India of a decree of a superior court of a reciprocating territory by filing a certified copy in a District Court. The expression "District" in Section 2(4) of the Code includes the local limits of the ordinary original civil jurisdiction of a High Court. The scheme of Sections 44A, 13, 47 and 6 of the Code shows that execution of a foreign decree is subject to the forum having jurisdiction under the ordinary civil framework, and the High Court of Delhi, where its ordinary original civil jurisdiction extends to suits above the notified pecuniary threshold, answers that description. The Court held that the reference to "District Court" in Section 44A cannot exclude the High Court where, by virtue of its statutory pecuniary jurisdiction, it functions as the principal civil court of original jurisdiction for such matters.

Conclusion: The High Court of Delhi had jurisdiction to entertain the execution petition, and the contrary view of the Division Bench was set aside.

Final Conclusion: The execution forum lies with the High Court of Delhi when the foreign decree value falls within its notified ordinary original civil jurisdiction, and the matter was remitted for decision on merits.

Ratio Decidendi: For purposes of Section 44A of the Code of Civil Procedure, 1908, a High Court exercising ordinary original civil jurisdiction within the relevant pecuniary limits is included within the concept of the District Court competent to execute a foreign decree of a reciprocating territory.

---