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

All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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26.

Where a decree is passed against the Union of India or State for the Act done in the official capacity of the pe concererned, 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 decree

C: 1 year from the date of the decree

D: 2 years from the date of the decree

The answer is: A

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Explanation

The correct option is A: 3 months from the date of decree .

This is because Section 82 of the Code of Civil Procedure (CPC) states that execution shall not be issued on any decree passed against the Union of India or a State or a public officer in respect of any act done in his official capacity, unless it remains unsatisfied for the period of three months computed from the date of such decree. This provision is intended to give the Government or the public officer sufficient time to consider the decree and decide whether to appeal against it or comply with it. The period of three months is fixed by law and cannot be extended or reduced by the court.