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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part IV: Suits In Particular Cases

Section 82 CPC: Execution of decree

Bare Act text

82. Execution of decree.—[(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 [such decree].

[(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 [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.]

Amendment notes

  1. Subs. by s. 28, ibid., for sub-section (1) (w.e.f. 1-2-1977).
  2. Subs. by s. 28, ibid., for “such report” (w.e.f. 1-2-1977).
  3. Ins. by Act 32 of 1949, s. 2.
  4. Subs. by the A.O. 1950, for “the Dominion of India”.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where a decree is passed against the Union of India, a State or a public officer in a suit relating to an official act, it cannot be executed except as the section provides. Execution shall not issue unless the decree remains unsatisfied for three months from its date. Sub-section (3) applies the same rules to an order or award passed against the Union, a State or a public officer in respect of such an act. The 1976 amendment substituted sub-section (1).

Part IV: Suits In Particular Cases

  1. 79 Suits by or against Government
  2. 80 Notice
  3. 81 Exemption from arrest and personal appearance
  4. 82 Execution of decree
  5. 83 When aliens may sue
  6. 84 When foreign States may sue
  7. 85 Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
  8. 86 Suits against foreign Rulers, Ambassadors and Envoys
  9. 87 Style of foreign Rulers as parties to suits
  10. 87A Definitions of “foreign State” and “Rulers”
  11. 87B Application of sections 85 and 86 to Rulers of former Indian States
  12. 88 Where interpleader-suit may be instituted