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SECTION 81, 82 OF CODE OF CIVIL PROCEDURE 1908

What is Exemption from arrest and personal appearance? What is Execution of decree? Section 81 and 82 of Code of Civil Procedure 1908

Exemption from arrest and personal appearance and Execution of decree are defined under Section 81 and 82 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 81 of Code of Civil Procedure 1908 "Exemption from arrest and personal appearance"

In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity-
(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and

(b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.

Section 82 of Code of Civil Procedure 1908 "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 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.

Code of Civil Procedure 1908

What is Exemption from arrest and personal appearance? What is Execution of decree? Section 81 and 82 of Code of Civil Procedure 1908

When aliens may sue? When foreign State may sue? Section 83 and 84 of Code of Civil Procedure 1908

What is the meaning Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers? Section 85 of Code of Civil Procedure 1908

What are Suits against foreign Rulers, Ambassadors and Envoys? Section 86 of Code of Civil Procedure 1908

What is Style of foreign Rulers as parties to suits? Section 87 of Code of Civil Procedure 1908

Where interpleader suit may be reinstituted? What is Power to state case for opinion of Court? Section 88 and 90 of Code of Civil Procedure 1908

What are Public nuisances and other wrongful acts affecting the public? What are Public charities? Section 91 and 92 of Code of Civil Procedure 1908

What is Exercise of powers of Advocate? What are Supplemental Proceedings? Section 93 and 94 of Code of Civil Procedure 1908

What is Compensation for obtaining arrest, attachment or injunction on insufficient grounds? Section 95 of Code of Civil Procedure 1908

What is Appeal from original decree? What is Appeal from final decree where no appeal from preliminary decree? Section 96 and 97 of Code of Civil Procedure 1908

What is Decision where appeal heard by two or more Judges? Section 98 of Code of Civil Procedure 1908

What is the meaning of No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction? Section 99 of Code of Civil Procedure 1908

What is Second appeal? What is the meaning No further appeal in certain cases? Section 100 and 100A of Code of Civil Procedure 1908


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