Government Pleader
Under Section 2(7) of the CPC, any officer appointed by the State Government to perform the functions the Code imposes on the Government Pleader, and any pleader acting under his directions.
Explained
Section 2(7) of the Code of Civil Procedure, 1908 provides that Government Pleader includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by the Code on the Government Pleader, and also any pleader acting under the directions of the Government Pleader. The definition is inclusive and functional: it is the appointment to perform the Code's functions, or acting under the Government Pleader's directions, that matters. A pleader under Section 2(15) is any person entitled to appear and plead for another in Court, including an advocate.
The Government Pleader's main role is in suits by or against the Government and public officers under Order XXVII. Under Order XXVII Rule 4, the Government Pleader in any Court is the agent of the Government for receiving processes issued against the Government by that Court. Rule 5 requires the Court, in fixing the day for the Government to answer the plaint, to allow reasonable time for communication with the Government and instructions to the Government Pleader, with any extension not exceeding two months in the aggregate. Under Rule 8, where the Government undertakes the defence of a suit against a public officer, the Government Pleader, on being authorised, applies to the Court and a note of his authority is entered in the register; if he does not, the case proceeds as one between private parties.
Order XXVII Rule 8B explains which pleader acts. In suits by or against the Central Government or its officers, it is the pleader that Government appoints for the Order; in suits by or against a State Government or its officers, it is the Government Pleader as defined in Section 2(7), or another pleader the State appoints. The Government Pleader also receives notice in some other proceedings, such as inquiries into indigency under Order XXXIII.
Do not confuse him with the Public Prosecutor, who conducts criminal prosecutions under Section 2(1)(v) and Section 18 of the BNSS.
What the law says
(7) “Government Pleader” includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader;
Clause (7) defines Government Pleader
[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].
Government Pleader is agent to receive processes
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].
Time for appearance on behalf of the Government
(1) Where the Government undertakes the defence of a suit against a public officer, the [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 [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.
Role where Government defends a suit against a public officer
In this Order [unless otherwise expressly provided] “Government” and [“Government pleader”] mean respectively—
(a) in relation to any suit by or against *** 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;
Who is the Government pleader for Central and State suits
For the exam
- Defined in Section 2(7) CPC; the definition is inclusive.
- Includes any pleader acting under the Government Pleader's directions.
- Agent of the Government for receiving processes against it (Order XXVII Rule 4).
- Time for the Government to answer may be extended, but not beyond two months in all (Order XXVII Rule 5).
- For Central Government suits, the pleader is the one that Government appoints (Order XXVII Rule 8B).
29 questions in the Law Maker question bank use this term. Practise Civil Procedure Code questions
Related terms
- PleaderUnder Section 2(15) of the CPC, any person entitled to appear and plead for another in Court, including an advocate, a vakil and an attorney of a High Court.
- Public officerA person falling within the eight descriptions in Section 2(17) of the CPC, such as every Judge, members of an All-India Service and officers in the service or pay of the Government.
- AdvocateAn advocate entered in any roll under the provisions of the Advocates Act, 1961 (Section 2(1)(a)). Advocates are the only class of persons entitled to practise law.
- Legal practitionerUnder Section 2(1)(i) of the Advocates Act, 1961, an advocate or vakil of any High Court, a pleader, mukhtar or revenue agent. Article 22(1) guarantees an arrested person the right to consult and be defended by one of his choice.
- The State (Article 12)For Part III of the Constitution, the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities in India or under the control of the Government of India.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.