CPC- Suits by & against Government-II Court’s Procedure & Duties (O. XXVII) = Procedural privileges to Government

Basic Preliminaries R. 1- Pleadings to be signed by Government appointed person acquainted with facts; R. 2- Persons ex-officio/otherwise authorised to act for Govt. regarded as recognised agents for appearing/taking steps ; R. 3- Plaints in suits involving Govt. - need not mention specific name, description or address of Public Officer– appropriate name provided U/S 79 sufficient; R. 4- G. P. authorised to receive all processes;

Indulgence of Time - I R.5-Fixing day for Government appearance - Court to allow reasonable time to answer; Time for necessary communication with Authorities & for issuance of instructions to Government Pleader; Extendable for such communication / instructions upto two months (three months in Kerala, Madras & A. P.);

Indulgence of Time - II R. 7- Extension of time to enable for making reference to Government :- May be granted on appln. of Public Officer for making reference & receiving order through proper channel; Court to extend such time for “As long as necessary”;

Extending use of Good Offices R. 5B- Assistance in arriving at settlement- At first, Court must endeavour & assist parties to effect settlement of the dispute between them consistent with nature / circumstances of the case; Proceedings may be adjourned at any stage if Court finds chance of settlement; Such adjournment power in addition to ordinary power of adjournment;

Privileges of being a “Public Officer”- I Government to be joined as party in suit against Public Officer (Rule 5 (A)); Suit may be for damages / other relief due to any act allegedly done in official capacity;

Privileges of a “Public Officer”- II Govt. Pleader authorised to defend Public Officer, after applying, for his Official Act (Rule 8); In absence of such application, matter to proceed as between private parties; But the Public Officer still not liable for arrest/attachment of property except in Execution;

Privileges of a “Public Officer” - III R. 8A-No Security required - In Appeals U/Or. XLI Rules 5 & 6, or, Defence of a Suit against any Official Act;

Summary of Government’s Privileges - I Benefit of Prior Notice of Suit [S.80(1)]; Perpetual Status as “Caveator” against interim / Ex-parte Relief [S. 80(2)]; Summary Protection against suits without actual urgency [Proviso to S. 80 (2)];

Summary of Government’s Privileges - II Special Protection of Public Officers - From Arrest/Attachment of Property [S. 81(a) & R. 8(2) Proviso]; From Personal Appearance [S. 81(b)]; Govt. defends suit against Public Officer Act by becoming party [Or. XXVII Rs. 5(a) & 8 (1)];

Summary of Government’s Privileges - III Benefits of Additional Time/Adjournment:- For preparing defence/taking advance steps - 2 Months (S. 80); Against Execution of Decree - 3 months (S. 82); For Communication by Public Officer to Government & instructions to Govt. Pleader for enabling settlement [O.XXVII R.5(b)] --- at any stage, for such time as thought fit; Extension of time for reference to Authorities- “As long as necessary” [Rs. 7(1)&(2)];

Summary of Government’s Privileges - IV Exemption from deposit of Security in Suits /Appeals (O. XXVII R. 8-A); Instant service of Processes through G. P.(O. XXVII R. 4); Pecuniary Exemptions:- Blanket exemption from payment of Court/Process Fees, and Costs in cases where added as party by Court; Statutory Protection:- By enjoining upon Court to effect settlement with litigants instead of passing Decree(s) against Government (R. 5B);