Section 82 of The Code of Civil Procedure, 1908
Execution of decree.
1[(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 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.]
Summary
- When the government or a public officer loses a case, the court gives them time to pay.
- You cannot start the execution process, which is the legal way to force payment, immediately.
- You must wait three months from the date of the decree for the government to settle the debt.
- This rule also applies to court orders or awards that work like decrees.
- The waiting period allows the government to arrange funds through official channels.
Practical examples
FAQ
1. What is the time limit for government payment under Section 82 of the Civil Procedure Code?
Section 82 of the Civil Procedure Code requires a decree against the government to remain unpaid for three months before execution can begin.
2. Does Section 82 of The Code of Civil Procedure, 1908, apply to court orders?
Yes, Section 82 of The Code of Civil Procedure, 1908, specifies that its rules apply to orders and awards just like they apply to decrees.
3. When can I start execution against the Union of India under Section 82 of the 1908 Code?
Under Section 82 of the 1908 Code, you can only issue execution if the decree stays unsatisfied for three months from its date.
Test yourself
1.Under Section 82 of The Code of Civil Procedure, 1908, how long must a decree against the government remain unsatisfied before execution?
2.Comparing Sections 80 and 82 of The Code of Civil Procedure, 1908, what is the difference in time periods?