Section 644. [Omitted] 1 S. 42 renumbered as sub-section
of that section by the Code of civil Procedure (Amdt.) Ordinance, No. XLIV of 1962, s. 10. 2 Sub-section
(2) added ibid. 3 Amended by Adaptation Order, 1949 and the Central Laws (Statute Refrom) Ordinance, No. XXI of 1960, s.3 and 2nd Sch. (with effect from the 14th October, 1955). 4 The words “or by Court established or continued by the authority of the Federal Government in any Acceding State,” omitted by the Federal Laws (Revision and Declration) Ordinance, No. XXVII of 1981, s. 3 and Second Sch. 5 Subs. by the Central Laws (Statute Reform) Ordinance, No. XXI of 1960, s. 3 and 2nd Sch. (w. e. f the 14th October, 1955). 6 Omitted by the Federal Laws (Revision and Declaration) Ordinance, No. XXVII of 1981, s. 3 and Second Schedule. as if it had been passed by the District Court.
(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.
(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses
(a) to
(f) of section 13.
Explanation 1.
“Superior Courts”, with reference to the United Kingdom, means the High Court in England, the Court of Session in Scotland, the High Court in Northern Ireland the Court of Chancery of the Country Palatine of Lancaster and the Court of Chancery of the County Palatine of Durham.
Explanation 2.
“Reciprocating territory” means the may, from time to time, by notification in the , declare6 to be reciprocating territory for the purposes of this section; and "superior Courts", with reference to any such territory, means such Courts as may be specified in the said notification.
Explanation 3.
“Decree”, with reference to a superior Court, means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, and
(a) with reference to superior Courts in the United Kingdom, includes Judgments given and decrees made in any Court in appeals against such decrees or Judgments, but
(b) in no case includes an arbitration award, even if such award is enforceable as a decree or Judgment.] 1 S. 44A ins. by the Code of Civil Procedure (Amdt.) Act No. VIII of 1937. s. 2. 2 Subs. by the Central Laws (Statute Reform) Ordinance, No. XXI of 1960, s. 3 and 2nd Sch. (w. e. f the 14th October, 1955). 3 Subs. by the Civil and Criminal Procedure Codes (Amdt.) Ordinance, No. LXVII 1962, s. 3. 4 Subs. by Federal Adaptation Order, 1975, Art. 2 and Table. 5 Subs. by Adaptation Order, 1937. 6 The Central Govt. has declared Fiji to be a reciprocating territory and the Supreme Court of Fiji to be a Superior Court of the territory for the purposes of this section, see Gaz. of P., 1949, Pt. I, p. 275. Certain Courts of Pakistan have been declared to be superior Courts for the purpose of Part I of the Foreign Judgments (Reciprocal Enforcement) Act, 1933 (23 Geo. 5, ch, 13), see Gaz. of P., 1953, Pt. I , pp. 143-44 The Central Government has declared the Colony of Singapore to be a reciprocating territory, and the Supreme Court of Singapore to be a superior Court of the territory for the purpose of this section. see Gaz. of P. 1954, Pt. I, p. 106. Certain Courts in Pakistan have been declared to be superior Court for the purpose of section 5 of the Reciprocal Enforcement of Judgment Ordinance of Singapore, see Gaz. of P., 1954, Pt. I, p. 296. The Central Government has declared the Australian Capital Territory to be a reciprocating territory, and the Supreme Court of Australian Capital Territory to be a superior Court of the territory for the purposes of this section, see Gaz. of P., 1957, Pt. I, p. 174. The Central Government has declared “New Zealand including the Cook Islands (including Nive) and the Trust Territory of Western Samao” to be a reciprocating territory, and the Supreme Court of New Zealand to be a superior Court of that territory, for the purposes of this section (with effect from 7th August, 1958), see Gaz. of 1958 Pt. I, p. 455. The Central Government has declared the Northern Territory of Australia to be reciprocating territory, and the Supreme Court of the said territory to be a superior Court of the territory for the purposes of this section, see Gaz. of P., 1959, Pt. I, p. 425.
(2) added ibid. 3 Amended by Adaptation Order, 1949 and the Central Laws (Statute Refrom) Ordinance, No. XXI of 1960, s.3 and 2nd Sch. (with effect from the 14th October, 1955). 4 The words “or by Court established or continued by the authority of the Federal Government in any Acceding State,” omitted by the Federal Laws (Revision and Declration) Ordinance, No. XXVII of 1981, s. 3 and Second Sch. 5 Subs. by the Central Laws (Statute Reform) Ordinance, No. XXI of 1960, s. 3 and 2nd Sch. (w. e. f the 14th October, 1955). 6 Omitted by the Federal Laws (Revision and Declaration) Ordinance, No. XXVII of 1981, s. 3 and Second Schedule. as if it had been passed by the District Court.
(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.
(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses
(a) to
(f) of section 13.
Explanation 1.
“Superior Courts”, with reference to the United Kingdom, means the High Court in England, the Court of Session in Scotland, the High Court in Northern Ireland the Court of Chancery of the Country Palatine of Lancaster and the Court of Chancery of the County Palatine of Durham.
Explanation 2.
“Reciprocating territory” means the may, from time to time, by notification in the , declare6 to be reciprocating territory for the purposes of this section; and "superior Courts", with reference to any such territory, means such Courts as may be specified in the said notification.
Explanation 3.
“Decree”, with reference to a superior Court, means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, and
(a) with reference to superior Courts in the United Kingdom, includes Judgments given and decrees made in any Court in appeals against such decrees or Judgments, but
(b) in no case includes an arbitration award, even if such award is enforceable as a decree or Judgment.] 1 S. 44A ins. by the Code of Civil Procedure (Amdt.) Act No. VIII of 1937. s. 2. 2 Subs. by the Central Laws (Statute Reform) Ordinance, No. XXI of 1960, s. 3 and 2nd Sch. (w. e. f the 14th October, 1955). 3 Subs. by the Civil and Criminal Procedure Codes (Amdt.) Ordinance, No. LXVII 1962, s. 3. 4 Subs. by Federal Adaptation Order, 1975, Art. 2 and Table. 5 Subs. by Adaptation Order, 1937. 6 The Central Govt. has declared Fiji to be a reciprocating territory and the Supreme Court of Fiji to be a Superior Court of the territory for the purposes of this section, see Gaz. of P., 1949, Pt. I, p. 275. Certain Courts of Pakistan have been declared to be superior Courts for the purpose of Part I of the Foreign Judgments (Reciprocal Enforcement) Act, 1933 (23 Geo. 5, ch, 13), see Gaz. of P., 1953, Pt. I , pp. 143-44 The Central Government has declared the Colony of Singapore to be a reciprocating territory, and the Supreme Court of Singapore to be a superior Court of the territory for the purpose of this section. see Gaz. of P. 1954, Pt. I, p. 106. Certain Courts in Pakistan have been declared to be superior Court for the purpose of section 5 of the Reciprocal Enforcement of Judgment Ordinance of Singapore, see Gaz. of P., 1954, Pt. I, p. 296. The Central Government has declared the Australian Capital Territory to be a reciprocating territory, and the Supreme Court of Australian Capital Territory to be a superior Court of the territory for the purposes of this section, see Gaz. of P., 1957, Pt. I, p. 174. The Central Government has declared “New Zealand including the Cook Islands (including Nive) and the Trust Territory of Western Samao” to be a reciprocating territory, and the Supreme Court of New Zealand to be a superior Court of that territory, for the purposes of this section (with effect from 7th August, 1958), see Gaz. of 1958 Pt. I, p. 455. The Central Government has declared the Northern Territory of Australia to be reciprocating territory, and the Supreme Court of the said territory to be a superior Court of the territory for the purposes of this section, see Gaz. of P., 1959, Pt. I, p. 425.