ORDER XXVII SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

ORDER XXVII

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

  1. Suits by or against Government. – In any suit by or against 1[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.
  2. 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 recognized agents by whom appearances, acts and applications under this Code may be made or done in behalf of the Government.
  3. 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
  4. 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.]
  5. 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].

[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 any act alleged to have been done by him in his official capacity, the Government shall be joined as a party to the suit]

[5B. 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 his 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.

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