Table of Contents
- Introduction
- Notice of Suit (Section 80)
- Institution of Suit (Section 79)
- Agents of the Government (Order XXVII)
- Government Pleaders (Order XXVII Rule 8)
- Pleadings (Order XXVII Rule 5 and 7)
- Security for Costs (Order XXVII Rule 2)
- Extension of Time (Order XXVII Rule 6)
- Execution of Decrees (Section 82 & 83)
- Appeals (Order XLI)
- Summary
- 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.
