Order XXVII CPC: Suits by or Against the Government or Public Officers in Their Official Capacity

Rule 1 - Suits by or against Government

In any suit by or against the Government, the plaint or written statement shall be signed by a person appointed by the Government, by general or special order, for that purpose. Verification may be made by a person whom the Government appoints and who is acquainted with the facts of the case.

Rule 2 - Persons authorised to act for Government

Persons who are ex officio or otherwise authorised to act for the Government in judicial proceedings are treated as recognised agents. They may make appearances, acts and applications on behalf of the Government under the Code.

Rule 3 - Plaints in suits by or against Government

In suits by or against the Government, the plaint need not state the personal name, description and residence ordinarily required for a plaintiff or defendant. It is sufficient to use the appropriate name of the Government as provided in Section 79 CPC, where applicable.

Rule 4 - Agent for Government to receive process

The Government pleader in a Court is the agent of the Government for receiving processes issued by that Court against the Government.

Rule 5 - Fixing of day for appearance on behalf of Government

When fixing the day for the Government to answer the plaint, the Court must allow reasonable time for communication through the proper channel and for instructions to be issued to the Government pleader. The Court may extend the time at its discretion, but the aggregate extension under this rule shall not exceed two months.

Rule 5A - 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 an act alleged to have been done by the officer in an official capacity, the Government shall be joined as a party to the suit.

Rule 5B - Duty of Court to assist in arriving at a settlement

In every suit or proceeding to which the Government, or a public officer acting in an official capacity, is a party, the Court must in the first instance make every endeavour, where possible consistently with the nature and circumstances of the case, to assist the parties in arriving at a settlement of the subject matter.

If the Court considers that there is a reasonable possibility of settlement, it may adjourn the proceeding for a suitable period to enable settlement efforts. This power is in addition to the Court's other powers to adjourn proceedings.

Rule 6 - Attendance of person able to answer questions relating to suit against Government

If the Government pleader is not accompanied by a person able to answer material questions relating to the suit, the Court may direct the attendance of such a person on behalf of the Government.

Rule 7 - Extension of time to enable public officer to make reference to Government

Where the defendant is a public officer and considers it proper, after receiving summons, to make a reference to the Government before answering the plaint, the officer may ask the Court for an extension of the time fixed in the summons. The Court shall extend the time for so long as appears necessary to enable the reference to be made and orders to be received through the proper channel.

Rule 8 - Procedure in suits against public officer

Where the Government undertakes the defence of a suit against a public officer, the Government pleader, after receiving authority to appear and answer the plaint, applies to the Court and the authority is noted in the register of civil suits.

If no such application is made on or before the day fixed for appearance and answer, the case proceeds as a suit between private parties, subject to the protection provided by the rule concerning arrest and attachment otherwise than in execution of a decree.

Rule 8A - No security to be required from Government or a public officer in certain cases

The security referred to in Rules 5 and 6 of Order XLI is not required from the Government or, where the Government has undertaken the defence, from a public officer sued in respect of an act alleged to have been done in an official capacity.

Rule 8B - Definitions of "Government" and "Government pleader"

Rule 8B specifies the meaning of "Government" and "Government pleader" for the purposes of Order XXVII, including their application to suits by or against the Central Government or a State Government and to public officers serving the relevant Government.

For the precise statutory wording, historical substitutions and any State amendment, consult the official India Code text linked above.