ORDER XXVII SUITS BY OR AGAINST THE GOVERNMENT OR
PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY - RULE 1, 2, 3,
4, 5, 6, 7, 8A, 8B OF CODE OF CIVIL PROCEDURE 1908
What are the Suits by or against Government? Who are
Persons authorised to act for Government? What is Plaints in
suits by or against Government? What is the meaning of Agent
for Government to receive process? What is Fixing of day for
appearance on behalf of Government? Is Government to be
joined as a party in a suit against a public officer? What
is the Duty of Court in suits against the Government or a
public officer to assist in arriving at a settlement?
Attendance of person able to answer questions relating to
suit against Government, Extension of time to enable public
officer to make reference to Government, What is the
Procedure in suits against public officer? Is No security to
be required from Government or a public officer in certain
cases? What is Definitions of "Government" and "Government
pleader"? Rule
1, 2, 3, 4, 5, 6, 7, 8A and 8B of Order XXVII of Code of Civil Procedure 1908
Suits by or against Government, Persons authorised
to act for Government, Plaints in suits by or against
Government, Agent for Government to receive process,
Fixing of day for appearance on behalf of Government,
Government to be joined as a party in a suit against a
public officer, Duty of Court in suits against the
Government or a public officer to assist in arriving at
a settlement, Attendance of person able to answer
questions relating to suit against Government, Extension
of time to enable public officer to make reference to
Government, Procedure in suits against public officer,
No security to be required from Government or a public
officer in certain cases and Definitions of "Government"
and "Government pleader" are defined under Rule
1, 2, 3, 4, 5, 6, 7, 8A and 8B of Order XXVII of
Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 1 Order XXVII of Code of Civil Procedure 1908 "Suits
by or against Government"
In any suit by or against the Government, the plaint or
written statement shall be signed by such person as the
Government may, by general or special order, appoint in this
behalf, and shall be verified by any person whom the
Government may so appoint and who is acquainted with the
facts of the case.
Rule 2 Order XXVII of Code of Civil Procedure 1908 "Persons
authorised to act for Government"
Persons being ex officio or otherwise authorised to act
for the Government in respect of any judicial proceeding
shall be deemed to be the recognised agents by whom
appearances, acts and applications under this Code may be
made or done on behalf of the Government.
Rule 3 Order XXVII of Code of Civil Procedure 1908 "Plaints
in suits by or against Government"
In suits by or against the Government, instead of
inserting in the plaint the name and description and place
of residence of the plaintiff or defendant, it shall be
sufficient to insert the appropriate name as provided in
section 79.
Rule 4 Order XXVII of Code of Civil Procedure 1908 "Agent
for Government to receive process"
The Government pleader in any Court shall be the agent of
the Government for the purpose of receiving processes
against the Government issued by such Court.
Rule 5 Order XXVII of Code of Civil Procedure 1908 "Fixing
of day for appearance on behalf of Government"
The Court, in fixing the day for the Government to answer
to the plaint, shall allow a reasonable time for the
necessary communication with the Government through the
proper channel, and for the issue of instructions to the
Government pleader to appear and answer on behalf of the
Government, and may extend the time at its discretion but
the time so extended shall not exceed two months in the
aggregate.
Rule 5A Order XXVII of Code of Civil Procedure 1908 "Government
to be joined as a party in a suit against a public officer"
Where a suit is instituted against a public officer for
damages or other relief in respect of any act alleged to
have been done by him in his official capacity, the
Government shall be joined as a party to the suit.
Rule 5B Order XXVI of Code of Civil Procedure 1908 "Duty
of Court in suits against the Government or a public officer
to assist in arriving at a settlement"
(1) In every
suit or proceeding to which the Government, or a public
officer acting in his official capacity, is a party, it
shall be the duty of the Court to make, in the first
instance, every endeavour, where it is possible to do so
consistently with the nature and circumstances of the case,
to assist the parties in arriving at a settlement in respect
of the subject-matter of the suit.
(2) If, in any such suit or proceeding, at any stage, it
appears to the Court that there is a reasonable possibility
of a settlement between the parties, the Court may adjourn
the proceeding for such period as it thinks fit, to enable
attempts to be made to effect such a settlement.
(3) The power conferred under sub-rule (2) is in addition to
any other power of the Court to adjourn proceedings.
Rule 6 Order XXVII of Code of Civil Procedure 1908 "Attendance
of person able to answer questions relating to suit against
Government"
The Court may also, in any case in which
the Government pleader is not accompanied by any person on
the part of the Government who may be able to answer any
material questions relating to the suit, direct the
attendance of such a parson.
Rule 7 Order XXVII of Code of Civil Procedure 1908 "Extension
of time to enable public officer to make reference to
Government"
(1) Where the defended is a public officer
and, on receiving the summons, considers it proper to make a
reference to the Government before answering the plaint, he
may apply to the Court to grant such extension of the time
fixed in the summons as may be necessary to enable him to
make such reference and to receive orders thereon through
the proper channel.
(2) Upon such application the Court shall extend the time
for so long as appears to it to be necessary.
Rule 8 Order XXVII of Code of Civil Procedure 1908 "Procedure
in suits against public officer"
(1) Where the
Government undertakes the defence of a suit against a public
officer, the Government pleader, upon being furnished with
authority to appear and answer the plaint, shall apply to
the Court, and upon such application the Court shall cause a
note of his authority to be entered in the register of civil
suits.
(2) Where no application under sub-rule (1) is made by the
18[Government pleader] on or before the day fixed in the
notice for the defendant to appear and answer, the case
shall proceed as in a suit between private parties :
Provided that the defendant shall not be liable to arrest,
nor his property to attachment, otherwise than in execution
of a decree.
Rule 8A Order XXVII of Code of Civil Procedure 1908 "No
security to be required from Government or a public officer
in certain cases"
No such security as is mentioned in
rules 5 and 6 to Order XLI shall be required from the
Government or, where the Government has undertaken the
defence of the suit, from any public officer sued in respect
of an act alleged to be done by him in his official
capacity.
Rule 8B Order XXVII of Code of Civil Procedure 1908 "Definitions
of "Government" and "Government pleader""
In this
Order unless otherwise expressly, provided "Government" and
"Government pleader" mean respectively-
(a) in relation to any suit by or against the Central
Government, or against a public officer in the service of
that Government, the Central Government and such pleader as
that Government may appoint whether generally or specially
for the purposes of this Order;
(c) in relation to any suit by or against a State Government
or against a public officer in the service of a State, the
State Government and the Government pleader as defined in
clause (7) of section 2, or such other pleader as the State
Government may appoint, whether generally or specially, for
the purposes of this Order.
ORDER XXII DEATH, MARRIAGE AND INSOLVENCY OF PARTIES
What is the meaning of No abatement by party's death if
right to sue survives? What is the Procedure where one of
several plaintiffs or defendants dies and right to sue
survives? What is the Procedure in case of death of one of
several plaintiff or of sole plaintiff? What is the
Procedure in case of death of one of several defendants or
of sole defendant? What is Determination of question as to
legal representative? What is the meaning of No abatement by
reason of death after hearing? Rule
1, 2, 3, 4, 5 and 6 of Order XXII of Code of Civil Procedure 1908
What is the meaning of Suit not abated by marriage
of female party? When plaintiffs insolvency bars
suit? What is the Effect of abatement or dismissal?
What is the Procedure in case of assignment before
final order in suit? What is the Duty of pleader to
communicate to Court death of a party? What is
Application of Order to appeals? What is Application
of Order to proceedings? Rule
7, 8, 9, 10, 10A, 11 and 12 of Order XXII of Code of Civil Procedure 1908
ORDER XXIII WITHDRAWAL AND ADJUSTMENT OF SUITS
What is Withdrawal of suit or abandonment of part of
claim? Rule
1 of Order XXIII of Code of Civil Procedure 1908
ORDER XXIV PAYMENT INTO COURT
What is the meaning of Deposit by defendant of
amount in satisfaction of claim? What is Notice of
deposit? Is Interest on deposit not allowed to
plaintiff after notice? What is the Procedure where
plaintiff accepts deposit as satisfaction in part? Rule
1, 2, 3 and 4 of Order XXIV of Code of Civil Procedure 1908
ORDER XXV SECURITY FOR COSTS
When security for costs may be required front
plaintiff? What is the Effect of failure to furnish
security? Rule
1 and 2 of Order XXV of Code of Civil Procedure 1908
ORDER XXVI COMMISSIONS
What are the Cases in which Court may issue commission to
examine witness? What is Order for commission? Where witness
resides within Court's jurisdiction? Persons for whose
examination commission may issue? Process when Commission or
request to examine witness not within India? Is Court to
examine witness pursuant to Commission? What is Return of
commission with depositions of witnesses? When depositions
may be read in evidence? Rule
1, 2, 3, 4, 5, 6, 7 and 8 of Order XXVI of Code of Civil Procedure 1908
What are Commissions to make local investigations? What is
Procedure of Commissioner? What is Commission for scientific
investigations? Who will be in Commission for performance of
a ministerial act? How to constitute Commission for the sale
of movable property? Rule
9, 10, 10A, 10B and 10C of Order XXVI of Code of Civil Procedure 1908
What is Commission to examine or adjust accounts? What is
the meaning Court to give Commissioner necessary
instructions? What is Commission to make partition of
immovable property? What is Procedure of Commissioner? Rule
11, 12, 13 and 14 of Order XXVI of Code of Civil Procedure 1908
Is Expenses of commission to be paid into Court? What are
the Powers of Commissioners? What are the Questions objected
to before the Commissioner? Attendance and examination of
witnesses before Commissioner, Are Parties to appear before
Commissioner? Application of Order to execution proceedings,
Is Court to fix a time for return of commission? Rule
15, 16, 16A, 17, 18, 18A and 18B of Order XXVI of Code of Civil Procedure 1908
What are the cases in which High Court may issue commission
to examine witness? What is Application for issue of
commission? To whom commission may be issued? How to Issue,
execution and return of commissions, and transmission of
evidence to foreign Court? Rule
19, 20, 21 and 22 of Order XXVI of Code of Civil Procedure 1908
ORDER XXVII SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC
OFFICERS IN THEIR OFFICIAL CAPACITY
What are the
Suits by or against Government? Who are Persons authorised
to act for Government? What is Plaints in suits by or
against Government? What is the meaning of Agent for
Government to receive process? What is Fixing of day for
appearance on behalf of Government? Is Government to be
joined as a party in a suit against a public officer? What
is the Duty of Court in suits against the Government or a
public officer to assist in arriving at a settlement?
Attendance of person able to answer questions relating to
suit against Government, Extension of time to enable public
officer to make reference to Government, What is the
Procedure in suits against public officer? Is No security to
be required from Government or a public officer in certain
cases? What is Definitions of "Government" and "Government
pleader"? Rule
1, 2, 3, 4, 5, 6, 7, 8A and 8B of Order XXVII of Code of Civil Procedure 1908
ORDER XXVII A SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW
AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE
VALIDITY OF ANY STATUTORY INSTRUMENT
Notice to the Attorney General or the Advocate - General,
What is the Procedure in suits involving validity of any
statutory instrument? Court may add Government as party?
What is the Power of Court to add Government or other
authority as a defendant in a suit relating to the validity
of any statutory instrument? Costs, What is Application of
Order to appeals? Rule
1, 1A, 2, 2A, 3 and 4 of Order XXVII A of Code of Civil Procedure 1908
ORDER XXVIII SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR
AIRMEN
Can Officers, soldiers, sailors or airmen who cannot obtain
leave may authorize any person to sue or defend for them?
Person so authorized may act personally or appoint pleader,
Service on person so authorized, or on his pleader, to be
good service? Rule
1, 2 and 3 of Order XXVIII of Code of Civil Procedure 1908
ORDER XXIX SUITS BY OR AGAINST CORPORATIONS
What is Subscription and verification of pleading? How
Service on corporation? What is Power to require personal
attendance of officer of corporation? Rule
1, 2 and 3 of Order XXIX of Code of Civil Procedure 1908
ORDER XXX SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON
BUSINESS IN NAMES OTHER THAN THEIR OWN
How is Suing of partners in name of firm? Disclosure of
partners' names, Service, What are the Rights of suit on
death of partner? Notice in what capacity served? Appearance
of partners, No appearance except by partners, What is
Appearance under protest? Suits between co-partners, Suit
against person carrying on business in name other than his
own ? Rule
1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Order XXX of Code of Civil Procedure 1908
