
Section 44-A CPC | Certificate of Non-Satisfaction Filed Post-Filing Can Cure Jurisdictional Defect in Foreign Decree Execution : Bombay HC
The Bombay High Court holds that failure to file the mandatory certificate under Section 44-A(2) CPC at the time of filing an execution petition does not invalidate the proceeding if cured later through a penal notice and subsequent submission. This ruling empowers decree holders in reciprocating territories by treating procedural lapses as curable, not jurisdictional, reducing technical dismissals and promoting enforcement of foreign judgments.
