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Section 82: Execution of decree.

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

[(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.]

Where this provision sits

ActThe Code of Civil Procedure, 1908
Section82
Marginal noteExecution of decree.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it4

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

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

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