Part IV — SUITS IN PARTICULAR CASES SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

Section 82Execution of decree

Section 82: Execution of decree

82. Execution of decree

[(I) Where, in a suit by or against the Government or by or against a public officer in respect of any act purporting to be done by him in his official capacity, a decree is passed against the Union of India or a State or, as the case may be, the public officer, such decree shall not be executed except in accordance with the provisions of sub-section (2).]

(2)

Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of [such decree.]

(3)

The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they apply in relation to a decree, if the order or award —

(a)

is passed or made against the Union of India or a State or a public officer in respect of any such act as aforesaid, whether by a Court or by any other authority; and

(b)

is capable of being executed under the provisions of this Code or of any other law for the time being in force as if it were a decree.

Amendment notes (4)
  1. Subs w.e.f. 1-2-1977 . Subs. by s. 28, ibid., for sub-section (1) (w.e.f. 1-2-1977).
  2. Subs w.e.f. 1-2-1977 . Subs. by Act 104 of 1976, s. 28, for “such report” (w.e.f. 1-2-1977).
  3. Ins . Ins. by Act 32 of 1949, s. 2.
  4. Subs . Subs. by the A.O. 1950, for “the Dominion of India”.