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.