Foreign decree execution must be filed before the District Court, not a High Court exercising ordinary original civil jurisdiction.

Execution of a foreign decree under Section 44A of the Code of Civil Procedure must be filed in the District Court, meaning the court of the District Judge. A High Court exercising ordinary original civil jurisdiction does not become the District Court merely because it can try suits on its original side. The statutory scheme for foreign decree execution is distinct from domestic execution, and the requirement in Section 44A cannot be expanded by importing the test applicable to courts competent to try the suit. The effect is that execution petitions under Section 44A must be presented before the appropriate District Judge.

---

---

Issues: Whether the High Court of Delhi could be treated as the District Court or principal civil court of original jurisdiction for execution of a foreign decree under Section 44A(1) of the Code of Civil Procedure, 1908.

Analysis: Section 44A requires filing of a certified copy of a foreign decree in a District Court. Reading Section 2(4) of the Code with Section 24 of the Punjab Courts Act, 1918 and Section 3(17) of the General Clauses Act, 1897 showed that the expression District Court denotes the Court of the District Judge, and not a High Court exercising ordinary original civil jurisdiction. The ordinary original civil jurisdiction conferred on the High Court of Delhi by Section 5 of the Delhi High Court Act, 1966 was held to operate in relation to suits and not to convert the High Court into the District Court for purposes of foreign decree execution. The scheme of Section 44A was also held to be distinct from domestic execution under Section 39, and the requirement of a court competent to try the suit could not be read into Section 44A.

Conclusion: The High Court of Delhi was not competent to entertain execution of the foreign decree under Section 44A(1); the execution petition had to be presented before the appropriate District Judge.

Final Conclusion: The appeal succeeded, the order treating the High Court of Delhi as the executing court for the foreign decree was set aside, and the execution proceedings were directed to be transferred to the concerned District Judge for decision in accordance with law.

Ratio Decidendi: For execution of a foreign decree under Section 44A of the Code of Civil Procedure, 1908, the competent forum is the District Court meaning the court of the District Judge, and a High Court exercising ordinary original civil jurisdiction does not become such District Court merely because it has pecuniary original jurisdiction over suits.

---