GOVERNOR-GENERAL IN COUNCIL Vs. PIRAMAL MARWARI

JUDGEMENT

(1.) The petitioner is the Governor-General in Council which means according to the provisions of Section 79, Civil P.C., the Crown, the petition is directed against an order of the executing Court rejecting the petitioner's objection that the decree was not executable.

(2.) The circumstances under which this contention was raised are that the opposite party obtained a Small Cause Court decree against the Crown in the name of Governor-General in Council and the decree did not comply with the mandatory provisions of Section 82, Civil P.C. The mandatory provisions of the section requires that a time shall be specified in the decree within which it shall be satisfied. The contention was that until all the requisite conditions laid down in Section 82(1) are fulfilled according to the provisions of Sub-section (2) of the section execution shall not be issued.

(3.) To understand the contention, Section 82 has to be quoted in extenso: (1) Where the decree is against the Crown or against a public officer in respect of any such act as aforesaid, a time shall be specified in the decree within which it shall be satisfied; and, if the decree is not satisfied within the time so specified, the Court shall report the case for the orders of the Provincial Government. (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 report. The submission is that in view of the provisions of the section until expiry of three months computed from the date of a report by the Court to the Provincisl Government for its orders execution cannot be levied.