(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-s. (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
ADVERTISEMENTS:
(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.
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Section 82, before its amendment by the Amendment Act, 1976, provided that where in a suit a decree was passed against the Union of India or a State or a public officer, a time shall be specified in the decree within which it shall be satisfied; and, if the decree was not satisfied within the time so specified or within three months from the date of the decree, where no time was so specified, the court shall report the case for the orders of the State Government.
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Execution was not to issue on any such decree unless it remained unsatisfied for the period of three months computed from the date of such report. This section has been amended so as to eliminate the requirement about specifying in the decree the period within which it was to be satisfied and the intermediate report to Government about the decree remaining unsatisfied.
That provision has been made so that the decree-holder may not be deprived of the fruits of his decree for an indefinite period. The above provisions also apply in relation to an order or award passed against the Union of India, a State or public officer.
Suits involving a substantial question of law as to the interpretation of the Constitution:
In a suit in which it appears to the court that any such question as is referred to in clause (1) of Article 132, read with Article 147 of the Constitution, is involved the court shall not proceed to determine the question until after notice has been given to the Attorney-General for India, if the question of law concerns the Central Government, and to the Advocate-General of the State, if the question of law concerns a State Government. The Court may at any stage of the proceedings order the Central Government or a State Government to be added as a defendant in a suit. (Order XXVII-A, Rules 1 and 2).
ADVERTISEMENTS:
Procedure in suits involving validity of any statutory instrument:
In any suit in which it appears to the court that any question as to the validity of any statutory instrument, not being a question of the nature mentioned in Rule 1 is involved, the court shall not proceed to determine that question except after giving notice: (a) to the Government Pleader, if the question concerns the Government, or (b) to the authority which issued the statutory instrument, if the question concerns an authority other than the Government. (Order XXVII-A, Rule 1-A).
In this Order ‘statutory instrument’ means a rule, notification, by-law, order, scheme or form made as specified under any enactment.
Power of court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument:
The court may, at any stage of the proceedings in any suit involving any such question as is referred to in Rule 1-A, viz., validity of any statutory instrument, order that the Government or other authority shall be added as a defendant if the Government Pleader or the pleader appearing in the case for the authority which issued the instrument, as the case may be, whether upon receipt of notice under Rule 1-A or otherwise, applies for such addition, and the court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question. (Order XXVII-A, Rule 2-A).
Costs.—Where, under Rule 2 or Rule 2-A, the Government or any other authority is added as a defendant in a suit, the Attorney-General, Advocate-General, or Government Pleader or Government or other authority shall not be entitled to,- or liable for, costs in the court which ordered the addition unless the court, having regard to all the circumstances of the case for any special reason, otherwise orders. (Order XXVII-A. Rule 3).