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CPC, 1908 · Part IV · Suits in Particular Cases · A decree against the Government

Section 82 — Execution of decree

Winning against the Government is not the end of the road. A decree against the Union, a State or a public officer cannot be executed at once: execution may issue only after the decree has stayed unsatisfied for three months — time for the Government to pay from public funds. Since 1949 the same gate covers orders and awards too.

§ 82

How to read Section 82

The shield after judgment

Even after a decree is passed against the Government or a public officer, it cannot be executed straight away — execution is governed by sub-section (2).

Three months

No execution may issue until the decree has remained unsatisfied for three months from its date — a window for the Government to satisfy it voluntarily from public funds.

Orders & awards too

Sub-section (3) — added in 1949 — extends the same gate to orders and awards (by a court or any other authority) that are executable like a decree.

The bare Act

Section 82 · verbatim

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 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 ²such 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 ⁴the 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.

Amendment notes

1. Sub-section (1) substituted by Act 104 of 1976, s. 28 (w.e.f. 1-2-1977). 2. “such decree” substituted by Act 104 of 1976, s. 28 for “such report” (w.e.f. 1-2-1977). 3. Sub-section (3) inserted by Act 32 of 1949, s. 2. 4. “the Union of India” substituted by the A.O. 1950 for “the Dominion of India”. Procedure: Order XXVII.

Key terms decoded

Decree against the Government

A decree passed against the Union of India, a State, or a public officer (for an official act) in a suit under § 79.

Shall not be executed except per sub-s.(2)

The core bar: such a decree is not open to ordinary immediate execution — it must pass through the gate in sub-section (2).

Execution shall not be issued

No execution process can even issue on the decree until the waiting condition is met.

Remains unsatisfied

The decree has not been paid or otherwise satisfied. Only if it is still unsatisfied after the period does execution become available.

Three months from the date of the decree

The fixed breathing space — computed from the decree’s date — letting the Government satisfy it from public funds before coercion.

Order or award

Sub-section (3): a decision short of a decree — an order, or an award (e.g. arbitral) — that nonetheless binds the Government / officer.

By a Court or by any other authority

The order/award is covered whoever made it — a court or any other authority — so long as it meets clause (b).

Capable of being executed as if it were a decree

Clause (b): the order/award must be executable under this Code or any other law — treated like a decree — for § 82 to bite.

The picture — the three-month gate

A judgment against the Government is gated, not blocked: execution simply waits three months from the decree’s date, giving the State a chance to satisfy it from public funds before any coercive step.

Section 82, part by part

(1) The gate
(2) Three months
(3) Orders & awards

The setting

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

Applies in a suit involving the Government, or a public officer sued for an official-capacity act — the same family of suits as § 79–81.

Decree against the State

a decree is passed against the Union of India or a State or, as the case may be, the public officer

And the decree goes against the Union, a State, or the public officer — i.e. the Government side has lost.

The bar

such decree shall not be executed except in accordance with the provisions of sub-section (2)

Then the decree cannot be executed in the ordinary way — execution must follow the special route in sub-section (2).

No execution…

Execution shall not be issued on any such decree

Execution cannot even issue on the decree — the door is shut at the threshold — until the condition below is satisfied.

…for three months

unless it remains unsatisfied for the period of three months computed from the date of such decree

The gate opens only if the decree is still unsatisfied after three months measured from its date. The window lets the Government pay voluntarily from public funds. (In 1976 “such decree” replaced an earlier “such report”.)

Extends to orders/awards

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—

The gate and the three-month pause are not limited to decrees: they apply equally to an order or award — provided it meets the two tests (a) and (b). (Sub-section (3) inserted in 1949.)

(a) Against the State

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

Test (a): the order/award is against the Union, a State or a public officer (for an official act) — and it does not matter whether a court or any other authority made it.

(b) Executable as a decree

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

Test (b): the order/award must be executable like a decree — under this Code or any other law. Only then does § 82’s protection attach to it.

How the three sub-sections work as one body

Gate → Pause → Reach

(1) The gate

A decree against the Government or a public officer cannot be executed in the ordinary way — it must pass through sub-section (2).

(2) The pause

No execution until the decree has stayed unsatisfied for three months from its date — time for the Government to pay voluntarily from public funds.

(3) The reach

The same gate and pause cover orders and awards (court or other authority) that are executable like a decree.

The three-month breathing space exists because the Government pays from public funds through a budgetary / administrative process — § 82 gives it time to satisfy the decree voluntarily before coercive execution begins.

Amendment history — a timeline

1949 · Act 32 of 1949, s. 2

Sub-section (3) inserted — extending the gate and the three-month pause to orders and awards executable like a decree.

1950 · A.O. 1950

In sub-s. (3)(a), “the Union of India” replaced “the Dominion of India” — after India became a Republic.

1976 · Act 104 of 1976, s. 28 (w.e.f. 1-2-1977)

Sub-section (1) was substituted (recast in its present form), and in sub-s. (2) “such decree” replaced “such report” — correcting the point from which the three months run.

Connected provisions

Section 82 closes the Government-as-litigant cluster of Part IV: § 79 names the party, § 80 requires notice before suing, § 81 protects the officer during the suit, and § 82 governs how a decree against the Government is executed after judgment. Procedure throughout: Order XXVII.

§ 81 ←The officer’s protections during the suit — whose “except in execution of a decree” points here, to the post-decree stage.

§ 80Notice — the two-month notice that must precede the suit.

§ 79Who is named — the Union of India / the State.

Order XXVIIThe detailed procedure for suits by or against the Government or public officers.

§ 83 →Part IV continues — suits by aliens & foreign sovereigns (§§ 83–87B).

Test yourself

1 A decree is passed against the Union. Can the plaintiff execute it the next day? — No — execution cannot issue until the decree has remained unsatisfied for three months from its date [§ 82(2)].

2 Why the three-month wait? — to let the Government satisfy the decree from public funds voluntarily before coercive execution.

3 Does § 82 cover an arbitral award against a State? — Yes, if sub-s.(3) is met — made against the State and executable as a decree (since 1949).

Part IV · Suits in Particular Cases · Section 82 — Execution of decree.