In Brief
Bank of Baroda obtained a decree from the London High Court in 1995 against Vysya Bank for US$1,267,909. The bank sought to execute this decree in India in 2009—fourteen years later. The central issue was whether the Indian limitation period (12 years) or the English limitation period (6 years) applied to execution of foreign decrees. The Supreme Court held that Section 44A CPC merely prescribes procedure, not limitation. The limitation period applicable to foreign decrees is that of the country where the decree was passed (the "cause country"), treating limitation law as substantive, not procedural. The appeal was dismissed as the decree had become time-barred under English law.
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