Civil Procedure Code - Suits by or against the government or public officer (Section 79,80, Order 27)

 Section 79 and 80

Below are the objective of this post. Government is big party to suit. Out of pending cases 40% or roughly 3.2 Crore cases are pending against government. When suit is filed against government, it is little bit different than normal suits. When we say government, against whom should we file a suit exactly ? Nehru ? or Manmohan Singh? Who will appear for government ? 

 These kind of question are answered in Section 79 and 80. Procedural part about suit against government are dealt in Order 27.

So, what is the name of the party to suit when it involves the government. Answer is provided in Section 79.

There is interesting thing when you file a suit against government. You have to send a notice to party that you are filing a suit. 

Like "Hey Municipality, you are not doing your work sincerely, roads are pathetic, garbage is everywhere. I am filing a suit, and sending you this notice under section 80 of Civil Procedure Code. So be ready..!!"

But whom should you send this notice?

Provision about notices are stated in Section 80. You have to send notice to below peoples.

When matters need to heard urgently, then the provision of sending notice is not required.

Procedure

Order 27 dealt with procedural part of suits by or against the government.

Here are summary of those rules.

Government will appoint a person who can sign on plaint or Written statement in suit by or against the government. Such appointed person will act as agent. Party names should me mentioned as per section 79.

Since public officers are on public duty (Really??) , Court have to give them generous time to appear in court. Court should first try to solve the matter by settlement.

No security should be taken in suit from government. Few more rules summary.

How the procedure in suit by or against government is different from regular suit.

It differs in below ways:

That's an overview about suit by or against the government.

Legalfundaa

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