Sunday, 9 May 2021

Section 82 CPC - Code of Civil Procedure - Execution of decree.

 Section 82 CPC Description

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 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.]

1. Subs, by Act No. 104 of 1976 for sub-section (1) (w.e.f. 1-2-1977).

2. Subs, by Act No. 104 of 1976 for "such report" (w.e.f. 1-2-1977).

3. Ins. by Act 32 of 1949, sec. 2.

4. Subs. by the A.O. 1950, for "the Dominion of India".

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