Suits by or Against the Government – Provisions Under the Civil Procedure Code (CPC)

Table of Contents

1. Introduction
2. Notice of Suit (Section 80)
3. Institution of Suit (Section 79)
4. Agents of the Government (Order XXVII)
5. Government Pleaders (Order XXVII Rule 8)
6. Pleadings (Order XXVII Rule 5 and 7)
7. Security for Costs (Order XXVII Rule 2)
8. Extension of Time (Order XXVII Rule 6)
9. Execution of Decrees (Section 82 & 83)
10. Appeals (Order XLI)
11. Summary
12. Conclusion

1. Introduction

Suits by or against the government are governed by specific provisions under the Civil Procedure Code, 1908 (CPC). These provisions are designed to safeguard the government’s interests while ensuring fair legal procedures are adhered to. This practice note provides a comprehensive overview of these provisions to enable lawyers to navigate through such suits effectively.

2. Notice of Suit (Section 80)

Parameter	Details
Purpose	To give the Government or public officer a fair notice before instituting a suit
Notice Period	Not less than two months
Contents of Notice	Cause of Action, Relief Sought, and Legal Basis
Delivery	In person, by registered post, or as the Court may direct

• Exemption: The court may exempt the need for notice in cases of urgent or emergent nature.

3. Institution of Suit (Section 79)

Parameter	Details
Suit Against	Union of India or State Government
Naming of Parties	Union of India or The State, as the case may be

4. Agents of the Government (Order XXVII)

Parameter	Details
Representative	The government can appoint an agent
Role	To receive service of processes on its behalf

5. Government Pleaders (Order XXVII Rule 8)

Parameter	Details
Appointment by Government	For conducting a civil case in any court
Role	Representative of the Government

6. Pleadings (Order XXVII Rule 5 and 7)

Parameter	Details
Written Statement	Government has 2 months to submit after the service of summons
Content	Detailed and specific response to the allegations raised in the plaint

7. Security for Costs (Order XXVII Rule 2)

Parameter	Details
Security by Govt	Not required to furnish security for costs in any claim against them

8. Extension of Time (Order XXVII Rule 6)

Parameter	Details
Additional Time	The Court may grant to the Government

9. Execution of Decrees (Section 82 & 83)

Parameter	Details
Execution Against Govt	Cannot be executed in the same manner as against a private individual
Attachment of Property	Government property cannot be attached or sold, except with the express provision of the Court

10. Appeals (Order XLI)

Parameter	Details
Appeals Against Govt	Should be dealt in a way that takes into account the specific position of the government

11. Summary

• Give two months’ notice before instituting a suit (Section 80).
• Name the party correctly as Union of India or The State (Section 79).
• Appoint a government pleader as a representative (Order XXVII Rule 8).
• Provide a detailed written statement within two months (Order XXVII Rule 5).
• Government is exempted from security for costs (Order XXVII Rule 2).
• Court may grant an extension of time to the Government (Order XXVII Rule 6).
• Execution of decrees must account for the Government’s unique position (Section 82 & 83).

12. Conclusion

This practice note has summarized the various provisions under the CPC governing suits by or against the Government. It is essential for legal practitioners to familiarize themselves with these provisions to ensure that they can adequately represent their clients in matters involving the Government. Such suits demand a thorough understanding of the procedural requirements, and this practice note aims to serve as a useful guide in navigating these complexities.