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State of Sikkim - Section

Section 41 in Conduct of the Government Litigation, Rules, 2000

41. Procedure when a decree is passed by High Court.

(1)When a decree has been passed in appeal in favour of the State or its officers by the High Court, the Law Officer in the High Court, administrative department or the Government Officer concerned shall, as soon as he receives copies of the judgement and decree, forward them to the Law Officer in the Civil Court, having jurisdiction to execute the decree, with instructions to the mode of execution. On receipt of such decree, the Law Officer concerned shall immediately apply for its execution in accordance with such instructions.
(2)When a decree is passed in a case in favour of the State or its officers by the High Court in the exercise of its original jurisdiction, the Law Officer concerned in the High Court shall make an application for execution of decree in the High Court after obtaining instructions as to the mode of execution from the administrative department concerned. For that purpose he shall follow the procedure as laid down in the foregoing rules.