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.

Persons being ex officio or otherwise authorised to act for the Government in respect of any judicial proceeding shall be deemed to be recognised agents by whom appearances, acts and applications under this Code may be made or done on behalf of the Government.

In suits by or ¹[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 ²[the appropriate name as provided in section 79 ³***.]

¹[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].

The Court, in fixing the day for ¹[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 ²[Government pleader] to appear and answer on behalf of ³[the Government] ⁴***, and may extend the time at its discretion ⁵[but the time so extended shall not exceed two months in the aggregate].

¹[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.

(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.]

The Court may also, in any case in which the ¹[Government pleader] is not accompanied by any person on the part of ²[the Government] who may be able to answer any material questions relating to the suit, direct the attendance of such a person.

(1) Where the defendant 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.

(1) Where the Government undertakes the defence of a suit against a public officer, the ¹[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 ¹[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.

¹[No such security as is mentioned in rules 5 and 6 of 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. ,

In this Order ¹[unless otherwise expressly provided] “Government” and ²[“Government pleader”] mean respectively—

(a) in relation to any suit by or against ³*** 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; ⁴* * * * *

(c) in relation to any suit by or against State Government or against a public officer in the service of a State, the State Government and the Government pleader ¹[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.]

Uttar Pradesh Amendment of Order XXVII.— In the First Schedule, in Order XXVII —

(a) in the marginal heading after the words “official capacity” the words “or Statutory Authorities, etc.” shall be inserted ;

(b) after rule 9, as inserted by the Allahabad High Court, the following rule shall be inserted, namely :— “10. Suits by or against statutory authorities —

(1) Any authority or Corporation, constituted by or under any law, may, from time to time appoint a Standing Counsel, to be called corporation pleader of that authority, in any district and give information of such appointment to the District Judge.

(2) The Corporation pleader so appointed shall be the agent in that district of the appointing authority or Corporation for purposes of receiving processes against it, but shall not act or plead without filing a Vakalatnama or memorandum of appearance.” [Vide Uttar Pradesh Act 56 of 1976, s. 11]] Suits involving a substantial question of law as to the interpretation of ⁵[the constitution] ⁶[or as to the

In any suit in which it appears to the Court that ¹[any such question as is referred to ²[in clause (1) of Article 132, read with Article 147 of the Constitution,] is involved, the Court shall not proceed to determine that question until after notice has been given to ³[the Attorney General for India] if the question of law concerns the Central Government and to the Advocate-General of the State if the question of law concerns a State Government.

¹[In any suit in which it appears to the Court that any question as to the validity of any statutory instrument, not being a question of the nature mentioned in rule l, is involved, the Court shall not proceed to determine that question except after giving notice—

(a) to the Government pleader, if the question concern the Government, or

(b) to the authority which issued the statutory instrument, if the question concerns an authority other than Government.]

The Court may at any stage of the proceedings order that the Central Government or a State Government shall be added as a defendant in any suit involving ¹[any such question as is referred to ²[in clause (1) of Article 132 read with Article 147, of the Constitution]], if ³[the Attorney General for India] or the Advocate-General of the State, as the case may be, whether upon receipt of notice under rule 1, or otherwise, applies for such addition and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question of law involved.

¹[The Court may, at any stage of the proceedings in any suit involving any such question as is referred to in rule 1A, order that the Government or other authority shall be added as a defendant if the Government pleader or the pleader appearing in the case for the authority which issued the instrument, as the case may be, whether upon receipt of notice under rule lA or otherwise, applies for such addition, and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question.]

¹[Where, under rule 2 or rule 2A the Government or any other authority is added as a defendant in a suit, the Attorney-General, Advocate-General, or Government Pleader or Government or other authority shall not be entitled to, or liable for, costs in the Court which ordered the addition unless the Court, having regard to all the circumstances of the case for any special reason, otherwise orders.]

In the application of this Order to appeals the word “defendant” shall be held to include a respondent and the word “suit” an appeal.

¹[Explanation.—In this Order, “statutory instrument” means a rule, notification, bye-law, order, scheme or form made as specified under any enactment.]