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The Code of Civil Procedure, 1908: page 62

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 62, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the
name, description and place of residence of the plaintiff and the relief which he claims; and the plaint
shall contain a statement that such notice has been so delivered or left.
     1
     [(2) A suit to obtain an urgent or immediate relief against the Government (including the
Government of the State of Jammu and Kashmir) or any public officer in respect of any act purporting to
be done by such public officer in his official capacity, may be instituted, with the leave of the Court,
without serving any notice as required by sub-section (1); but the Court shall not grant relief in the suit,
whether interim or otherwise, except after giving to the Government or public officer, as the case may be,
a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
     Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate
relief need be granted in the suit, return the plaint for presentation to it after complying with the
requirements of sub-section (1).
    (3) No suit instituted against the Government or against a public officer in respect of any act
purporting to be done by such public officer in his official capacity shall be dismissed merely by reason
of any error or defect in the notice referred to in sub-section (1), if in such notice—
         (a) the name, description and the residence of the plaintiff had been so given as to enable the
     appropriate authority or the public officer to identify the person serving the notice and such notice
     had been delivered or left at the office of the appropriate authority specified in sub-section (1), and
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          (b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.]
     81. Exemption from arrest and personal appearance.—In a suit instituted against a public officer
                                                                        aC
in respect of any act purporting to be done by him in his official capacity—
                                                                   di
         (a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in
     execution of a decree, and,                            In
         (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.
    82. Execution of decree.—2[(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 by 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 3[such decree].
     4
    [(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 5[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.]




1. Ins. by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).
2. Subs. by s. 28, ibid., for sub-section (1) (w.e.f. 1-2-1977).
3. Subs. by s. 28, ibid., for “such report” (w.e.f. 1-2-1977).
4. Ins. by Act 32 of 1949, s. 2.
5. Subs. by the A.O. 1950, for “the Dominion of India”.


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