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THE FIRST SCHEDULE · ORDER XXVII Suits by or against the government or public officers in their official capacity

Order XXVII Rule 5: Fixing of day for appearance on behalf of Government

The Code of Civil Procedure, 1908

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].

Footnotes in the official text

  1. 1.Subs. by A.O. 1937, for “the Secretary of State for India in Council”.
  2. 2.Subs. by the A.O. 1950, for “Crown pleader” which had been subs. by the A. O. 1937, for “Government pleader”.
  3. 3.Subs. by the A.O. 1937, for “the said Secretary of State, for India in Council”.
  4. 4.The words “or the Government,” omitted by the A. O. 1948.
  5. 5.Ins. by Act 104 of 1976, s. 76 (w.e.f. 1-2-1977).

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