82. Execution of decree.
pratik
(Querist) 24 June 2010
This query is : Resolved
Extract of the section :
(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 2[such decree].
Query: Why it says that the Execution should be after 3 months & not before that ? Also expalin me the section 80 of the CPC becasue as per my view i would like to say that section 80 of the CPC says that if any aggrived party want to file a case against any public officer, servant or any state goverment or any central government than first the aggrieved party has to inform the them in 1 months time after the party aggrieved (means dissatified by whatever means of the service taken or given or done etc) & before the party file the case in the court.
Pls direct me if i am wrong.
Thanking U all experts in advance.
adv. rajeev ( rajoo )
(Expert) 24 June 2010
It is not 30days it is 60 days.
To follow SEC 80 of CPC is mandatory in case if you want to file a suit against he govt., informing them to take necessary steps to solve the problem.
Even it is not necessary to wait for 60 days to file a suit, because if you issued a notice and matter is very serious and you cannot wait for 60 days to take get the relief by the govt., in such cases you will have to file an application u/s 80(2)(A) of CPC befoe the court seeking permission to dispense the notice.
niranjan
(Expert) 24 June 2010
It means that the govt.or public officer against whom the order is issued has to obey the decree within three months.
Notice u/s 80 is mandatory before filing suit against the govt.Notice can be waived for urgent cause under 80(2),but injunction will not be granted.However if the court is not satisfied that there was urgent need to grant leave to file the suit,the court will return the plaint.
Vinod Kumar Arora
(Expert) 09 July 2010
It is not 60 days but two months and not section 80 (2) (A) but 80 (2).
