A money decree of a notified superior court of Fiji can be executed in India as though an Indian court had passed it. You file a certified copy of the decree and a certificate of the unpaid amount from the Fiji court in the district court where the debtor lives or has property. The debtor may object only on the grounds in section 13 CPC, and taxes, fines and penalties are excluded.
- Document route
- Fiji notary public or commissioner, then apostille (we confirm the current issuing office)
- Time difference
- IST is 6h30 behind Fiji time (Fiji has not used daylight saving in recent years)
- Law
- Sections 13, 14 and 44A, CPC 1908
- Direct execution
- Reciprocating territories only
Enforcing Foreign Judgments from Fiji: how it works
We first confirm that the Fiji court that passed the decree is covered by the Indian notification, that the judgment is final, and that it is for a fixed sum of money. You then obtain from the Fiji court a sealed certified copy of the decree and a certificate stating how much remains unsatisfied, and have both apostilled. If the debtor did not defend the Fiji case, we also gather evidence of service, because an Indian court will want to know that the debtor had a fair chance to respond.
In India we file the execution petition before the district court with territorial jurisdiction over the debtor or the assets. The court issues notice to the debtor, who may object that the Fiji judgment was not on the merits, was obtained by fraud, refused to recognise Indian law where applicable, or offended natural justice. Once objections are resolved, we seek attachment of bank accounts, receivables or immovable property, and sale where necessary. Execution must be sought within the limitation period, so do not hold a Fiji decree for years before acting.
What clients in Fiji should know
- The Fiji decree is expressed in Fiji dollars; the Indian court converts it into rupees, and the conversion date can matter in a volatile exchange rate.
- An arbitral award made in Fiji is not executed under section 44A; it follows the Arbitration and Conciliation Act if the conditions for recognition are met.
- Where the debtor has moved assets into a relative's name, a separate application or suit may be needed to reach them, so act quickly after judgment.
Step by step from Fiji
Video consultation
A call at a time that suits Fiji, after we have read your documents.
Documents signed in Fiji
Fiji notary public or commissioner, then apostille (we confirm the current issuing office)
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Fiji where needed.
The full guide
This page covers what changes when you are in Fiji. For the law, the documents and the step-by-step procedure, read our main page on Enforcing Foreign Judgments, or see all services for clients in Fiji and the Disputes & Enforcement practice area.
Questions from clients in Fiji
Can a Fiji Magistrates Court judgment be executed in India?
Section 44A applies only to superior courts specified in the Indian notification. Judgments of lower courts generally need a fresh suit in India.
How long does execution take?
Without objections, attachment can be obtained within months. A debtor who contests the Fiji judgment can delay execution by a year or more.
Do I need to come to India for execution?
No. Your Indian advocate files on your behalf, and evidence of the Fiji proceedings is presented through certified, apostilled copies.