Section 82: Execution of decree

Code of Civil Procedure Section 81. Exemption from arrest and personal appearance.

Bare Act: 

82. Execution of decree.— ¹[(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 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.]

Note: 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”.

Code of Civil Procedure Section 83. When aliens may sue.

More reading:

Section 79. Suits by or against Government.

Decree