Scribd
Upload
316 views15 pages

CPC

This document summarizes the procedures for suits brought by or against the government under Sections 79-82 of the Civil Procedure Code. It discusses how the government or public officials must be named in suits, the requirement for a 2 month notice before filing suit against the government or its officers, exemptions from arrest and attachment of property for officials, and procedures for execution of decrees and involvement of government pleaders. Order 27 further prescribes rules for signing and verifying plaints and written statements, recognizing government agents, entering party names, receiving service of process, granting time extensions, and directing attendance of persons able to answer questions in suits against the government.

Uploaded by

Saveeza Kabsha Abbasi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
316 views15 pages

CPC

This document summarizes the procedures for suits brought by or against the government under Sections 79-82 of the Civil Procedure Code. It discusses how the government or public officials must be named in suits, the requirement for a 2 month notice before filing suit against the government or its officers, exemptions from arrest and attachment of property for officials, and procedures for execution of decrees and involvement of government pleaders. Order 27 further prescribes rules for signing and verifying plaints and written statements, recognizing government agents, entering party names, receiving service of process, granting time extensions, and directing attendance of persons able to answer questions in suits against the government.

Uploaded by

Saveeza Kabsha Abbasi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 15

SUIT BY OR AGAINST THE GOVERNMENT

IN THEIR OFFOICIAL CAPACITY

o Section 79 to 82 and Order 27 of the Civil Procedure Code,


1908 lay down procedure where suits are brought by or
against the Government or Public officers.

o Section 79 to 82 provides for the general principles and


Order 27 prescribe the procedure in which general rules
provided under Section 79 to 82 can be exercised.
SECTION 79 CPC:

o Section 79 lays down the procedure in relation to suits by


or against the Government. In a suit by or against the
Government, the authority to be named as plaintiff or
defendant.
a) In case of a suit by or against the Federal Government,
Pakistan.
b) In case of a suit by or against the Provincial Government,
the Province.
SECTION 80 CPC

o Section 80 contains a rule of procedure and makes it


mandatory to serve a notice before institution of a suit
against the Government or against a public officer.
o Thus, this section describes two types of cases:
a) Suit against the Government and
b) Suit against public officers in respect of acts done or
purporting to be done by such public officers in their
official capacity.
o Section 80 provides that where a suit is to be instituted
against the Government or any public official for any act
purported to be done in his official capacity, the person
filing the suit must give a notice of at least 2 months
before filing the suit.
o The difference in the case of a public official is that the suit
must be instituted for acts purported to be done by him in
his official capacity.
SECTION 81 CPC

o Section 81 deals with the exemption from arrest and


personal appearance.
o Where a suit is instituted against a public office for an act
purported to be done in his official capacity, he shall not be
arrested and his property shall not be attached unless the
same is in the execution of a decree.
SECTION 82 CPC

o Section 82 talks about the execution of a decree. The


object of this section is to allow a final chance to the
Government or the public officer to satisfy the decree
holder before ordering execution against them.
o The court is bound to specify a period within which the
decree should be satisfied, and if it is not satisfied within
such period the court is bound to report the case for the
orders of the Provincial Government.
ORDER 27 CPC

Order 27 Rule 1 of CPC, 1908 provides that in a suit by or


against government a plaint or written statement shall be
signed by a person who has appointed for this by
government. Further it shall be verified by a person who is
acquainted with the facts and appointed by government for
verification.
Order 27 Rule 2 provides that Person authorized to act for
the Government in respect of any judicial proceeding shall
be deemed to be recognized agent by whom appearance,
acts and applications under this code may be made or done
on behalf of Government.
Order 27 Rule 3 provides that in a plaint of a suit by or
against government instead of providing all detail of plaintiff
or defendant it is sufficient to insert appropriate name as
provided in section 79 of CPC, 1908.
• Order 27 Rule 4 provides that Government Pleader shall be
the agent of Government for the purpose of receiving
processes against the Government. by Court.
• Where no Government pleader has been appointed, this
rule will not apply and service on the defendant is
sufficient. However, service should be affected in
accordance with the provisions of rule 1 to 4.
Order 27 Rule 5 provides that court will allow a reasonably
time to government to answer the plaint so as to make
necessary communication between government and
government pleader through the proper channel and for the
issue of instructions to the government pleader to appear
and answer on behalf of the government and may extend
the time at its discretion.
Order 27 Rule 6 provides that court can direct attendance of
person who is able to answer any material question relating
to the suit against a government.

Order 27 Rule 7 deals with the extension of time to enable


public office to make reference to government.
Order 27 Rule 8 states that where the government decides to
take defence for acts done by a public official, the
government pleader after having been authorized in this
regard shall make an application to the court and the court
shall cause his name to be entered into the register of civil
suits.
CONCLUSION

This research has defined the process of suit by or against a govt. and
public officer acting in purporting to his official duty. It has explained
the provisions in detail about the litigation against and by govt. and
public officer acting in purporting to his official duty. After examining
their provision as mentioned we have understood that for any suit
against a govt. first of all it is necessary that party should be name
according to section 79 of CPC. Further to institutive a suit against govt.
or public officer acting in purporting to his official duty it is mandatory
to give prior notice of 2 months. Moreover, it has provided us other
privileges given to parties i.e. under Section 81 & 82 of the code.

You might also like