1. CPC – Court Procedure in Civil Cases-I
Suits By/Against Government or Public Officers
(Part IV--- Ss C.P. Code)

2. Suits By or Against the Government
Who shall be plaintiff or Defendant (S.79) :-
Union of India --- If Central Govt.;
(Particular) State – If State Govt.;

3. Statutory Notice (S. 80)
Before filing a suit against Government, Plaintiff(s) required to serve Notice;
Contents of Notice :-
Cause of action;
Name and Description of Plaintiff;
Relief Claimed;

4. Statutory Notice (S. 80)
Service at least Two months before filing suit;
Plaint to contain Statement of such Notice Service;

5. Notice to be served upon [S. 80(1)]:-
(Departmental) Secretary of Central Government excepting Railways,
General Manager of particular Railway in Railway related matter,
(Departmental) Secretary or District Collector of State Government;
Chief Secretary/other officer authorized in case of the State of Jammu & Kashmir,

6. Exemption from Notice Service [S. 80(2)]
For Urgent/immediate Relief - with Court’s permission;
No Interim/other relief without reasonable opportunity of showing cause to Government /Public Officer;
Revocation of Court’s permission & Return of Plaint after hearing, if actually no urgent or immediate relief need be granted;

7. Special Privileges of Public Officers
S. 81:- Exemption from Arrest & personal appearance (For Public Officer):-
No Arrest or Attachment (except in Execution),
No personal appearance - to prevent detriment to Public Service,

8. Execution of Decrees against Government (S. 82)
Not to be issued unless Decree remains unsatisfied for Three (3) Months;

9. Preeminent status of Govt. as litigating party;
The Summary-I
Preeminent status of Govt. as litigating party;
Status More pronounced as ‘Defendant’
–Govt. itself suing in normal Civil Courts is rare;

10. The Summary-II
Effective protection to Public Officers for Official acts;
Inbuilt mechanism for effective & Strategic defence provided U/O. XXVII
Those Provisions U/Or. XXVII to be covered in next Class;
Thanks!