Mera Samvidhaan All of Code of Civil Procedure, 1908

Order XXVII · Suits by or against the government or public officers in their official capacity

8BDefinitions of “Government” and “Government pleader”.

Order 27, Rule 8B

In this Order 4[unless otherwise expressly provided] “Government” and 1[“Government pleader”] mean respectively—

(a) in relation to any suit by or against 5*** 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;

6* * * * *

(c) in relation to any suit by or against State Government or against a public officer in the service of a State, the State Government and the Government pleader 4[as defined in clause (7) of section 2], or such other pleader as the State Government may appoint, whether generally or specially, for the purposes of this Order.]

State amendment · Uttar Pradesh

In the First Schedule, in Order XXVII —

(a) in the marginal heading after the words “official capacity” the words “or Statutory Authorities, etc.” shall be inserted ;

(b) after rule 9, as inserted by the Allahabad High Court, the following rule shall be inserted, namely :—

“10. Suits by or against statutory authorities —

(1) Any authority or Corporation, constituted by or under any law, may, from time to time appoint a Standing Counsel, to be called corporation pleader of that authority, in any district and give information of such appointment to the District Judge.

(2) The Corporation pleader so appointed shall be the agent in that district of the appointing authority or Corporation for purposes of receiving processes against it, but shall not act or plead without filing a Vakalatnama or memorandum of appearance.”

[Vide Uttar Pradesh Act 56 of 1976, s. 11]]

1 Subs. by the A.O. 1950, for “Crown pleader” which had been subs. by the A. O. 1937, for “Government pleader”.

4 Ins. by the A.O. 1950.

5 The words “the Secretary of State or” omitted by the A.O.1948.

6 Cl. (b) omitted by the A.O. 1948.

Order 27, Rule 8B of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.