Section 79 of the Code of Civil Procedure (CPC) provides a legal framework for suits involving the government. This section specifies how the government, in its various capacities, may either file a lawsuit (suit by the government) or be sued (suit against the government) in the courts. The provision is essential for understanding how the judicial system interacts with the government and its agencies, ensuring that there is a clear process for initiating legal actions involving the government.
Government as Plaintiff: When the government needs to file a suit, it can do so in the same manner as any other party. However, to initiate such a suit, the government must be represented by an officer who is authorized to do so. This officer may be a Government Pleader or any other official designated to represent the government in legal matters. Section 79 ensures that the government can seek legal remedies through the court when necessary, such as for property disputes, contractual issues, or violations of its rights.
Authority to Sue: Government departments or agencies can also bring actions on behalf of the government. However, for the suit to be valid, it must be filed in the name of the appropriate government official (such as the Union of India, State of Maharashtra, etc.), and must be signed and authorized by someone empowered to take action on behalf of the government.
Government as Defendant: Suits involving the government as a defendant are slightly more complex. According to Section 79, the government cannot be sued unless the proper authority or officer of the government is named as the defendant. Specifically, in suits against the government, it must be sued in the name of the appropriate government department or officer. For example, if the government is being sued for a breach of contract, the department responsible for the contract would be named as the defendant.
Proper Representation: Suits against the government require careful naming of the government representative or department, and they must be filed in the appropriate jurisdiction. Additionally, the government pleader (a lawyer representing the government) is typically responsible for defending the case. Section 79 ensures that the government, as a legal entity, has the same rights and obligations as any other party in legal proceedings, but with certain procedures designed to protect the larger public interest.
Notice Requirement: In the case of suits against the government, the plaintiff often has to give a notice to the concerned government authority before filing the suit, especially in cases where the government’s action (or inaction) is being challenged. This notice requirement is part of the procedure to ensure that the government is given a chance to respond or resolve the issue before the matter proceeds to court.
Who can Sue or Be Sued?
Government Pleader: The Government Pleader is a lawyer or officer who represents the government in legal proceedings. In many cases, they will file suits on behalf of the government or defend the government when it is sued.
Jurisdiction and Procedure: Special procedural rules may apply when the government is a party, particularly concerning how the suit is filed and the authority under which the suit is brought.
Notice Requirement: The requirement of a notice before suing the government is designed to give the government the opportunity to settle the matter or address the issue before litigation begins. For instance, in matters of contractual disputes or claims for compensation, the government must be notified in advance.
Section 79 does not directly stipulate specific punishments, as it is more about the procedural framework for suits by or against the government. However, there can be indirect consequences related to the conduct of lawsuits involving the government. The possible repercussions or punishments associated with this section are generally linked to contempt of court or failure to follow procedural guidelines.
Failure to Follow Procedures: If a party fails to follow the proper procedures for filing a suit against the government (such as failing to give the required notice), the suit may be dismissed or delayed. This may not constitute punishment but could hinder the plaintiff’s case.
Contempt of Court: In some cases, if a government official or department fails to comply with a court order or delays proceedings unnecessarily, they could be found in contempt of court, leading to penalties such as fines or imprisonment.
Costs: The court may also impose costs on the party that files a suit incorrectly or in bad faith, particularly if they fail to follow the proper procedure when filing against the government.
Thus, while Section 79 itself doesn’t describe punishment, the typical legal consequences for failing to follow the procedure are related to dismissal or delays in the lawsuit, with the possibility of contempt or costs being imposed in certain circumstances.
