Question

Where a decree is passed against the Union of India or State for the Act done in the official capacity of the person concerned, under section 82 CPC, execution, shall not be issued on any such decree unless the decree remains unsatisfied for a period of

• A. 3 months from the date of decree
• B. 6 months from the date of the decree
• C. 1 year from the date of the decree
• D. 2 years from the date of the decree

Hint:

When you get a money decree against the government, you can't immediately start execution proceedings. Section 82 of the CPC mandates a 3-month waiting period to give the government time to pay.

Answer 1

The Correct Option is A

Section 82 of the Code of Civil Procedure, 1908, provides a special procedure for the execution of decrees against the Government. It acts as a safeguard to give the government sufficient time to arrange for the satisfaction of the decree. Section 82(1) states that execution shall not be issued on such a decree unless it remains unsatisfied for a period of three months from the date of the decree. This "grace period" allows the government to comply with the court's order without facing coercive execution measures immediately.