Mera Samvidhaan All of Code of Civil Procedure, 1908

Part Iv · Suits in Particular Cases

82Execution of decree.

Section 82

2[(1) 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 3[such decree].

4[(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 5[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.]

2 Subs. by s. 28, ibid., for sub-section (1) (w.e.f. 1-2-1977).

3 Subs. by s. 28, ibid., for “such report” (w.e.f. 1-2-1977).

4 Ins. by Act 32 of 1949, s. 2.

5 Subs. by the A.O. 1950, for “the Dominion of India”.

Section 82 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.