Orders in Aid of Foreign Courts Proceedings

Orders in Aid of Foreign Courts Proceedings

Do courts in your jurisdiction grant attachment orders in support of legal proceedings in another jurisdiction?

The question of whether courts grant attachment orders in support of legal proceedings in another jurisdiction, specifically in support of legal proceedings in foreign courts, is a question of valid discretion of the courts as well as the fact of an existing treaty with the reciprocating territory. The courts grant attachment orders in support of legal proceedings in another jurisdiction, if such order satisfies the conditions laid down under Section 13 of Code of Civil Procedure, 1908. A foreign judgment relating to immovable property will be enforceable only if the situs of the property is within the jurisdiction.  The courts will exercise their discretion to issue such an order if either the conditions laid down in the Section 13 have not been satisfied or the territorial jurisdiction of such foreign court lies in the territory of a non-reciprocating territory. The procedure for applying for an attachment order in support of foreign legal proceedings will not be the same as in support of legal proceedings. The applicant must file an application for the execution of such foreign decree along with a certified copy of the decree and a certificate from the superior court of such foreign country stating the amount, if any, has been satisfied of the decree as contemplated under Section 44A of the Code. If the attachment order is of the court of a non-reciprocating territory, it should be filed as a suit first.