Section 18 in Karnataka Conduct of Government Litigation Rules, 1985
18. Decrees in favour of Government.
(1)Where a decree or order is in favour of the Government, the Litigation conducting officer or the officer concerned shall, as soon as possible, obtain through the Law Officer concerned a certified copy of the decree or order and, in the absence of any special instructions to the contrary, proceed as follows:-(a)If the person from whom the amount is due is known to the Litigation Conducting Officer, he shall endeavour to recover immediately the amount due from him out of Court.(b)If there is reason to believe that the amount due cannot be so recovered, efforts shall be made to ascertain the particulars of the property (movable or immovable, including securities, amounts held in court deposit, decrees obtained by judgment debtor etc.) belonging to the judgment debtor against which the decree can be enforced. Application for attachment and sale of such property shall be made without loss of time. If any property has already been attached before judgment, application for sale of such property shall be made.(c)Where a decree or order of a court is varied or reversed in any appeal, revision or other proceedings, an application for restitution under sec.144 of the Code of Civil Procedure or under any other similar provision of law shall be filed. The Litigation Conducting Officer shall furnish all particulars and give necessary assistance to the Law Officer in filing the petition and conduct of the case.(2)Where action is taken for recovery of the decretal amount as specified above, the Litigation Conducting Officer shall, promptly send a report to the 1[Head of the Legal Cell]1 through proper channel, informing the action taken and the result thereof.(3)(a)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 Administrative Secretariat through proper channel stating, interalia-(i)The date on which the period of limitation for the execution of the decree expires.(ii)Any information which has come to his knowledge, which facilitate the recovery of the money due to the Government under the decree.(iii)The reasons for not taking such action or for the delay in taking such action.(iv)If the delay is on account of the law officer, an advance copy of such report shall also be sent to the 1[Head of the Legal Cell]1.(b)The concerned Administrative Secretariat shall then forward that report to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] along with comments, if any, requesting it to take steps to execute the decree, if possible. [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] shall take such steps as it may consider appropriate.(4)As soon as any amount due under a decree is recovered by the law officer on behalf of the Government, the same 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.(5)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.(6)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 and to point out or identify the property concerned.(7)In cases where claim is made, by a third party, to the attached property, the Litigation Conducting Officer with the assistance of the officer on whose report the property was attached shall collect evidence by which, it could be shown that the attached property belonged to the judgment debtor. Such Officer shall also be instructed to be present, if necessary, in court and instruct the Law Officer when the case comes up for enquiry or trail.(8)As a general rule, all available steps for recovery of the decreetal 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, after taking all steps for such recovery, then the concerned Litigation Conducting Officer shall make a report, through proper channel, to the Government to write-off such amount. 1[The Legal Cell of the concerned Administrative Department]1 shall also be informed about it.(9)The Deputy Commissioners, Heads of office and the Heads of Departments shall maintain registers, in Form-I, showing the amounts due to the Government under decrees, and shall have all the particulars of the decree entered therein on receipt of the copy of the decree, and shall also enter the details of subsequent stages of recovery proceedings.(10)Deputy Commissioners shall specify therein particulars of court fees and costs of the suit in forma pauperis payable to Government under Order 33 or 44 of the Code of Civil Procedure.Chapter-II Execution of Decrees Against Government
