Section 82 of CPC : Section 82: Execution of decree.

Explanation using Example

Example 1:

Scenario: A contractor, Mr. Sharma, completes a construction project for the Government of Maharashtra. However, the government fails to pay the agreed amount. Mr. Sharma files a suit against the Government of Maharashtra.

Application of Section 82:

1. Decree Passed: The court passes a decree in favor of Mr. Sharma, ordering the Government of Maharashtra to pay the outstanding amount.
2. Waiting Period: According to Section 82(2), Mr. Sharma cannot immediately execute the decree. He must wait for a period of three months from the date of the decree.
3. Execution: If the Government of Maharashtra does not satisfy the decree within these three months, Mr. Sharma can then proceed to execute the decree and take steps to recover the amount through legal means.

Example 2:

Scenario: An IAS officer, Ms. Verma, is sued by a citizen, Mr. Kumar, for wrongful seizure of property during her official duties. The court finds Ms. Verma's actions unlawful and passes a decree against her in her official capacity.

Application of Section 82:

1. Decree Passed: The court issues a decree against Ms. Verma, ordering her to compensate Mr. Kumar for the wrongful seizure.
2. Waiting Period: As per Section 82(2), Mr. Kumar must wait for three months before he can execute the decree against Ms. Verma.
3. Execution: If Ms. Verma does not comply with the decree within the three-month period, Mr. Kumar can then initiate execution proceedings to enforce the decree and obtain the compensation.

Example 3:

Scenario: A public officer, Mr. Singh, is involved in a dispute over land acquisition for a government project. The court passes an award in favor of the landowner, Mr. Patel, ordering the government to pay compensation.

Application of Section 82:

1. Award Passed: The court or relevant authority issues an award in favor of Mr. Patel, directing the government to pay the compensation.
2. Waiting Period: Under Section 82(3), the provisions applicable to decrees also apply to awards. Therefore, Mr. Patel must wait for three months before executing the award.
3. Execution: If the government does not pay the compensation within the three-month period, Mr. Patel can proceed to execute the award and recover the compensation through legal channels.