In Brief
Bank of Baroda sought to execute a foreign decree obtained from an English court (a reciprocating country) in India. The central issue was the applicable period of limitation for executing such foreign decrees and from when it runs. The Court held that while Section 44A of the CPC governs the manner of execution, the limitation period applicable is that prescribed in the cause country (where the decree originated), not the forum country. Limitation runs from the decree's date in the foreign court. If execution steps are first taken in the cause country without full satisfaction, execution may be sought in India within 3 years of finalisation of those proceedings. The appeal was dismissed."
The lawyer headnote and full judgment text are available to registered users.