IMPORTANT POINT
The filing of a certified copy of the decree of the superior court of a reciprocating territory. It cannot be found that the copy of the decree filed by the respondent, along with the application for execution of the decree, is a copy of the decree of a superior court of a reciprocating territory as envisaged under Section 44A of the Code

JUDGMENT :

R. NARAYANA PISHARADI, J.

1. Whether the notification dated 17.01.2020 issued by the Central Government, declaring United Arab Emirates to be a reciprocating territory for the purposes of Section 44A of the Code of Civil Procedure, 1908 (for short ‘the Code’) is retrospective in operation? This is the core issue which falls for consideration in the instant case.

2. The petitioner is one of the judgment-debtors and the respondent is the decree-holder in Lawsuit No. 1280/2011 on the file of the Preliminary Court at Dubai. On 16.09.2014, the Preliminary Court at Dubai passed a decree for realisation of money against the petitioner and the other defendants in the above suit. Appeal No. 1486/2014 filed against the decree was dismissed on 24.12.2014 by the Appeal Court at Dubai. The further appeal filed as Appeal No. 25/2015 was dismissed by the Supreme Court at Dubai on 06.12.2015.

3. In March, 2018, the respondent filed an application as E.P. No. 815/2018 in the District Court, Ernakulam for execution of the above decree by attachment and sale of the properties of the petitioner. On 18.08.2018, the petitioner filed objection to the execution petition, raising various contentions. One among the contentions raised by him is that the decree is not executable in India under Section 44A of the Code since it is not a decree passed by a superior court of a reciprocating territory.

4. Meanwhile, the Central Government issued and published the notification dated 17.01.2020 in the official Gazette declaring United Arab Emirates to be a reciprocating territory for the purposes of Section 44A of the Code.

5. On 05.03.2020, the petitioner filed an application as E.A. No. 349/2020 in the court below, praying that the question of maintainability of the execution petition may be heard and decided by the court. The respondent filed counter affidavit in that application, raising his contentions with regard to the executability of the decree in India.

6. As per Ext.P7 order dated 18.05.2020, the Additional District Court, Ernakulam found that the decree is executable by that court. Learned Additional District Judge found that, the agreement dated 25.10.1999 between India and U.A.E. contained provisions for execution of decrees of both countries and therefore, U.A.E. is a reciprocating territory for the purposes of Section 44A of the Code and the execution petition filed by the respondent is maintainable.

7. The respondent in E.P. No. 815/2018 has filed this original petition under Article 227 of the Constitution of India challenging the legality and propriety of Ext.P7 order.

8. Heard learned counsel for the petitioner and also the respondent.

9. Learned counsel for the petitioner has raised the following contentions: The decree, which is sought to be executed by the respondent, is a foreign decree. A foreign decree can be executed in India only if it is a decree of any of the superior courts of a reciprocating territory. As per Explanation-I to Section 44A of the Code, ‘reciprocating territory’ means any country or territory outside India which the Central Government may, by notification in the official Gazette, declare to be a reciprocating territory for the purposes of that section and superior court, with reference to any such territory, means such a court specified in the said notification. The decree, which is sought to be executed by the respondent, was passed by the Preliminary Court at Dubai on 16.09.2014 and it was ultimately confirmed in second appeal by the Supreme Court at Dubai on 06.12.2015. On those dates, U.A.E. or Dubai was not a reciprocating country or territory. It is only as per the notification dated 17.01.2020 that the Central Government declared U.A.E. as a reciprocating territory for the purposes of Section 44A of the Code. Only when the Central Government makes a declaration to that effect, a country or territory outside India shall become a reciprocating country or territory for the purposes of Section 44A of the Code. T