Section 43 in Conduct of the Government Litigation, Rules, 2000
43. Application for stay of execution to be opposed.
(1)Unless there are any special reason to the contrary, every application made by the opposite party to an appellate court for staying the execution of decree passed in favour of the State or its officers shall be opposed strenuously by the Law Officer concerned on the following grounds:-(a)That Government was not responsible for the litigation and had done everything in its power to avoid it, and(b)That if the decree is reversed in appeal, Government is in a position to refund any amount which may have been recovered in execution.(2)(a)If the court allow the application for stay under Order XLI, rule 5(3)(c) or the Code of Civil Procedure, 1908, the Law Officer, the administrative department or the Government officers concerned, as the case may be, shall see that the security given by the appellant is sufficient to cover the amount decreed and the costs of appeal;(b)If they consider that the security offered is not good or sufficient, the Law Officer concerned shall apply to the court to execute the decree at once;(c)If such application is refused, the Law Officer concerned shall inform the administrative department concerned, who shall endeavour to keep a watch on the property of the judgement-debtor, so as to prevent any fraudulent alienation or concealment of it.
