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State of Sikkim - Section

Section 31 in Conduct of the Government Litigation, Rules, 2000

31. Satisfaction of decree against State.

(1)Where a decree has been passed against the State or its Officers and it has been decided by Government not to contest further, a decision which is wholly or partly adverse to Government, the Government Officer concerned shall at once instruct the Law Officer concerned to pay in the Court whose duty is to execute the decree, all money payable under the decree. They shall see that the decree is fully satisfied within the time fixed for its satisfaction under section 82 of the Code of Civil Procedure, 1908.
(2)For this purpose, the Law Officer concerned shall take the following steps for prompt satisfaction of the decree:-
(a)As soon as it is decided to acquiesce in a decree passed by Civil Court against the State or its Officer, the Law Officer shall see that the decree is satisfied promptly.
(b)He shall maintain register showing the particulars of the decree passed against the State or its officers.
(c)He shall submit to the Government in the Administrative department concerned, a report every quarter (before the 10th of January, April, July and October) of every year, stating the particulars of the decrees which have remained unsatisfied for more than four months after it is decided to acquiesce in them, the period for which they have so remained unsatisfied and the reasons for the delay.
(3)
(a)The Law Officer and the administrative department concerned shall see that in case of adverse decisions no amount should be deposited in the trial court, pending decision of Government in the Law Department, as regards whether the decision of the trial court should be acquiesced in or appealed against.
(b)If Government in the Law Department decides to file an appeal and the appellate court directs the State to deposit the decretal amount in the trial court, before making an order for staying the execution of decree under sub-rule (5) of rule 5 of the Code of Civil Procedure, 1908, a prayer should be made to the appellate court not to allow the opponent to withdraw the deposit till the decision of the State appeal.