Execution of decree
Section 82 of the Code of Civil Procedure, 1908 deals with execution of decree. 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 i The Act came into force on 01 Jan 1909.
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.]
Section 82, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In effect, the execution of the Award was prohibited within the mandatory period of three months. 3. The learned Sr. counsel went on to submit that Section 82 of the Code of Civil Procedure is applicable only where in a suit/case is filed by or against the Government or by or against a Public Officer in his official capacity, a decree is passed against the Union of India or a State, such decree shall not be executed unless it remains unsatisfied for a period of three …
Questions about Section 82
What does Section 82 of the Code of Civil Procedure deal with?
Section 82 of the Code of Civil Procedure is headed "Execution of decree". 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 i
How do I find court cases under Section 82 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 82, section 82 CPC, section 82 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 82 of the Code of Civil Procedure come into force?
Section 82 of the Code of Civil Procedure, cited as CPC 82, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.