Section 82: Execution of decree against Government

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
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Legal Commentary & Landmark Judgments: Section 82

Section 82 prescribes the statutory procedure for execution of decrees against the Government or a public officer, imposing a mandatory three-month waiting period before execution can be issued.

  • Three-Month Waiting Period: Where in a suit by or against the Government or a public officer a decree is passed against the Union of India or a State or the public officer, execution shall not issue on any such decree unless it remains unsatisfied for the period of three months computed from the date of the decree.
  • Statutory Certification Notice: Decree-holder must bring the non-satisfaction to the notice of the court, which certifies non-payment before process can issue.
  • Protection Against Coercive Attachments: Gives the government treasury 90 days to process budgetary sanctions and disburse payment before coercive attachment of public bank accounts.
Key Landmark Precedents:
  • Chief Conservator of Forests, Govt. of A.P. v. Collector, (2003) 3 SCC 472: The Supreme Court highlighted that Section 82 provides a mandatory 3-month moratorium allowing government departments to process payment orders without sudden asset freezing.
  • State of Haryana v. Mukesh Kumar, (2011) 10 SCC 404: Affirmed that execution against the State can issue only after strict compliance with Section 82 timelines.
Courtroom Practice & Strategic Litigation Guidance:

After winning a money decree against the Government, serve a certified copy of the decree on the Government Pleader and wait the statutory 3 months under Section 82 before filing an execution petition for attachment of government accounts.