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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 8: Procedure in suits against public officer

The Code of Civil Procedure, 1908

(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.

Footnotes in the official text

  1. 1.Subs. by the A.O. 1950, for “Crown pleader” which had been subs. by the A. O. 1937, for “Government pleader”.

Practise questions on Civil Procedure Code