Chapter X EXECUTION CASES

1. (1) As soon as may be after a decree or order is made in favor of the Government, the Litigation Conducting Officer obtain through the Law Officer concerned a certified copy of the decree or order and unless otherwise instructed, proceed to make efforts to recover the decree amount out of Court from the Judgment Debtor.
2. (2) If the amount due cannot be so recovered, the particulars of the property, moveable or immoveable, including securities, amounts held in Court deposit, decrees obtained by judgment debtor belonging to the judgment debtor shall be ascertained and steps taken immediately to obtain attachment of such property. If such property has already been attached before judgment, application for sale of such property shall be made.
3. (3) Whenever a decree or order of a Court is varied or reversed in any appeal, revision or other proceedings the Law Officer shall take action under relevant law to seek restitution and inform the Head of the Legal Cell through proper channel about the steps taken and the result thereof.
4. (4) Where action is not taken for obtaining satisfaction of the decree as provided above, the concerned Litigation Conducting Officer shall after consulting the Law Officer submit a report to the Departmental Secretary through proper channel furnishing the date on which the period of limitation for the execution of the decree expires, any information coming to his knowledge as facilitates the recovery of the money due to the Government under the decree and the reasons for not taking action or the delay in taking such action.
5. (5) If the delay is on account of the report shall also be sent to the Head of the Legal Cell.
6. (6) The Departmental Secretary shall forward the report to the Law Department along with his comments, if any, requesting it to take steps to execute the decree, if possible.

Remittance of amount recovered

1. (1) All amounts due under a decree recovered by the Law Officer on behalf of the Government shall be paid into the Treasury to the credit of the Department concerned under proper head of account under intimation to the Litigation Conducting Officer.
2. (2) Where any amount due under a decree is recovered out of Court or where satisfaction of a decree is otherwise obtained, the Law Officer shall be instructed to certify such recoveries or satisfaction to the Court under Order 21 of the Code of Civil Procedure.

1. (1) Whenever an order is obtained for attachment of the judgment debtor's property, the Litigation Conducting Officer concerned shall depute some official who can identify the property, to accompany the attaching officer to identify the property.
2. (2) In cases where a third party stakes claim to the attached property, the Litigation Conducting Officer with the assistance of the Officer on whose report the property was attached shall collect evidence as would show that the attached property belonged to the judgment debtor.

Bad Debts All available steps for recovery of the decretal dues shall be unremittingly continued until the expiry of the period of limitation. If the recovery of the amounts due under the decree becomes impracticable even after taking all steps necessary for such recovery, then the concerned Litigation Conducting Officer shall make a report, through proper channel, to the Government to write-off such amount.

Maintenance of Registers

1. (1) The Deputy Commissioners, Head of office and the Heads of Departments shall maintain registers in the form prescribed showing the amounts due to the Government under decrees, the particulars of the decree and the details of each stage of the Execution Proceedings.
2. (2) Deputy Commissioners shall specify therein particulars of Court fees and costs of the suit in forma pauper is payable to Government under Order 33 or Order 44 of the Code of Civil Procedure 1908 as the case may be.

1. (1) Where a decree is passed against the Government either for payment of money or for other relief and where decision has been taken by the Government, not to prefer an appeal, review or revision it shall be the duty of the concerned Litigation Conducting Officer and the department to take necessary steps to get necessary amount sanctioned for the purpose to satisfy the decree without any delay. No scope should be given to the decree holder to execute the decree and attach the properties of the Government and embarrass the Government.
2. (2) The Litigation Conducting Officer or the Law Officer shall as soon as he comes to know of the passing of a decree or the filing of execution thereupon, move the Court and seek for extension of time for satisfying the decree without waiting for direction from the Law Secretary or the Departmental Secretary and simultaneously inform the Deputy Commissioner, the Head of the Department or the Chief Secretary and other officer from whom the amount is sought to be realised requiring them to arrange for complying with the decree or file objections to the decree.

1. (1) After receipt of the notice of execution, the judgment debtor and the Litigation Conducting Officer shall intimate the Law Department about the execution and assist the Law Officer in drafting objections against the execution.
2. (2) Draft objections prepared by the Law Officer shall be sent to the Law Department for approval. If there is no time to take approval of the Law Department the Law Officer may file the objections into Court and seek ratification of the action taken.
3. (3) The provisions of Chapter – III shall mutatis mutandis apply to the signature and verification of the objections to the execution petition and the conduct of the case.
4. (4) If the objections raised by the state against execution of the decree are rejected, the Litigation Conducting Officer shall, through the Law Officer obtain the certified copy of the order and send it to Law Department for necessary opinion and further action.
5. (5) If decision is taken not to prefer any review, appeal or revision on such order, the Litigation Conducting Officer shall expeditiously take necessary steps for complying the decree.

1. (1) In the case of a decree for possession of immovable property unless an appeal is filed and stay is obtained, efforts shall be made to see that possession is delivered to the decree holder within the time set by the Court. If for any compelling reason, such delivery is not possible, efforts shall be made to move the Court, which passed the decree for extension of time for delivery of possession.
2. (2) In the case of a decree for injunction against the State and its officers, which is prohibitory in nature, unless an appeal is filed and operation of such decree is stayed or suspended, scrupulous efforts shall be made to see that such decree is obeyed.
3. (3) In the case of a decree for mandatory injunction, it shall be complied with meticulously if decision has been taken not to prefer an appeal, review or revision.