CPC Section 82 — Execution of decree

Civil

Summary

If a court passes a decree against the central government, a state government, or a public officer for something they did in their official capacity, that decree cannot be enforced right away. Instead, the person who won the decree must wait for three months from the date of the decree. Only if the government or officer has not paid or complied within those three months can the person then ask the court to execute the decree. These same rules also apply to any order or award that can be enforced like a decree, if it was made against the government or a public officer for an official act.

Official Text

(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.