Bailabel Type : non-bailable

Description

Order 27 of the Civil Procedure Code (CPC) deals with the special procedures that apply when suits are filed by or against the Government or public officers in their official capacity. This order ensures that the legal process is adapted to the unique nature of governmental involvement in legal proceedings. The Government, as a party to a suit, has specific requirements that differ from those of private individuals or organizations. These provisions aim to ensure that the government can engage in litigation, while also setting boundaries to protect public interests.

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Key Provisions of Order 27

Rule 1: Suits by the Government

1. Suits by the Government:
   • Rule 1 outlines that when the Government files a suit, it must be initiated in the name of the Government, represented by its appropriate officer. In case the suit is related to official duties, the Secretary or any other relevant officer of the Government (as defined by the specific rules of the department) can represent the Government.
   • The person who is filing the suit on behalf of the Government does not need to provide the personal signature or address in the same manner as a private party. Instead, the suit is filed as a representative action, with the Government as the party.
   • The procedure is designed to facilitate the Government's involvement in litigation without being hindered by formalities applicable to individual citizens.

Rule 2: Suits Against the Government

1. Suits Against the Government:
   • When a suit is filed against the Government, it is generally required to be served upon the proper officer representing the Government, which may be a public officer or representative. A general provision allows suits against the Government to be directed to an appropriate officer (e.g., Secretary, District Collector, or Head of Department).
   • Similar to suits filed by the Government, the officer representing the Government will be the one who handles all official matters related to the case. The suit should mention the capacity in which the defendant is acting, i.e., in their official capacity as a representative of the Government.
2. Procedure:
   • In the case of suits against the Government, prior notice of the intended suit may be required in some cases. The notice is given to the relevant Government department, which ensures that the Government is provided with a reasonable opportunity to prepare its defense. For example, if the suit is based on an agreement, a breach of contract, or any action involving the Government, the concerned department must be notified beforehand.

Rule 3: Suits Involving Public Officers in Their Official Capacity

1. Role of Public Officers:

   • When a public officer is named as a defendant or plaintiff in their official capacity, they are to be treated as representing the Government. The individual is not personally liable for the actions taken in the course of their official duties, and the Government is the real party in interest.
   • If the officer is acting in an official capacity, the officer’s personal assets cannot be seized or used to pay for judgments related to the suit.

2. Limitation on Personal Liability:

   • Public officers are not personally liable for any acts done within the scope of their duties as a Government representative. The liability, if any, will fall on the Government itself.
   • The officer may be named as a defendant if they acted beyond their powers, but this would still be in their official capacity.

Rule 4: Notice to the Government

1. Notice Requirement:
   • In suits against the Government or public officers, the court may require the plaintiff to give a notice to the Government before filing the suit. The period for such notice is generally two months, but this can vary based on the nature of the case.
   • The notice is given to the concerned Government department that is involved in the dispute. The purpose of the notice is to give the Government time to respond or address the issue internally before formal litigation begins.
2. Failure to Provide Notice:
   • If the plaintiff fails to give notice, the court may refuse to entertain the suit. However, in some cases, the court may waive the notice requirement if it finds that it is in the interest of justice to proceed without it.

Rule 5: Authority of the Government or Public Officer to Sue or Be Sued

1. Government’s Authorization:
   • Government officers can only sue or be sued on behalf of the Government when they have specific authority to do so. The Government, through a designated officer or authority, must give permission for the officer to represent the Government in the suit.
2. Government Department Involved:
   • The Government department or official must be named clearly in the suit. This ensures that the right officer or department is held accountable for the actions that are being litigated.

Rule 6: Procedure in Suits Involving the Government

1. Serving Notice:
   • In cases involving the Government, serving notices and summons may have a slightly different procedure. The Government may be notified through an authorized officer, such as the Public Prosecutor or District Collector.
2. Representation by Law Officers:
   • In cases where the Government is involved, the Government may be represented by Law Officers such as the Attorney General, Advocate General, or any other representative appointed by the concerned department.

Punishment

Dismissal of Suit:

• If the plaintiff fails to provide the necessary notice to the Government, the suit may be dismissed by the court, unless the court waives the notice requirement or the failure is justified.

Failure to Follow Procedures:

• If the correct Government officer is not named or the proper procedure for serving the notice is not followed, the suit may not be entertained. This ensures that the Government’s procedural rights are respected in litigation.