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State of Sikkim - Section

Section 42 in Conduct of the Government Litigation, Rules, 2000

42. Procedure where a decree is passed by Supreme Court.

(1)When in appeal arising out of a decision of the High Court a decree in favour of the State or its officers in passed by the Supreme Court, the Registrar of the Supreme Court transmits the decree to the High Court.
(2)If such a decree relates to a case dealt with by the High Court in exercise of its appellate jurisdiction, the decree is transmitted by the High Court to the subordinate trial court. As soon as the decree is so transmitted, the Law Officer concerned in the High Court shall inform the administrative department or the Government Officer concerned, as the case may be, who shall then send necessary instructions to the Law Officer in the Civil Court, having jurisdiction to execute the decree, to take necessary steps for the due execution of the decree.
(3)If the Supreme Court passes a decree in favour of the State or its officers in a proceeding other than a Civil Appeal, the Law Officer in the Supreme Court shall apply to the Judge in the chamber for transmitting the decree to the High Court or any other appropriate court for enforcement. Thereafter the application for the execution of the decree shall be made to the appropriate court by the Law Officer concerned in the High Court or the Law Officer.