Section 82

Execution of decree.

The Code of Civil Procedure, 1908

  • Act 5 of 1908
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

All sections
    1[(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 2 [such decree.]
    3[(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 4 [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.]

Notes

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

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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