Suits By Or Against Government – Indian Judiciary – Free PDF Download

Analysis of the Provisions of Law

• Sections 79-82 and Order 27 of the Code of Civil Procedure, 1908

Section 79

• Whenever the case is instituted by or against the central government, the Union of India will be represented as the required plaintiff or defendant respectively.
• Whenever the suit is filed by or against the state government, the state government will be required to act as the plaintiff or the defendant.
• Section 80- This section deals with the concept of Notice.
  •  The notice should be served two months prior to the institution of the suit.
    • against central government, does not relate to the railways, notice secretary of the government.
    • against the central government relates to the railways then, notice general manager of that railways.
    • against any of the state governments, notice secretary to that government or to the collector of the district.

Main objective

• knows the reasons, demands or the concern of the Plaintiff
• Public official can act upon it and rectify the situation State of Madras v. C.P. Agency and Bihari Chowdhary v. State of Bihar.

Contents of the notice

• name, description, place of residence of the plaintiff.
• cause of action.
• relief sought

Effect of Non-Compliance

• Non-compliance result in the rejection of the plaint under Order 7, Rule 11.
• If the suit is against a public official and a private individual, and no notice is served on the public officer, the plaint is not to be rejected but the suit is carried on with the name of the public officer struck off.
• 80(3) no suit against the government or a public officer can be dismissed merely on the grounds of existence of defect or error in the notice.

Exception to give notice.

• Section 80(2) of the Code of Civil Procedure,  allows private individuals to file a suit against the government without serving the notice to the public officer if the matter is of an urgent nature.
• Writ Petitions against the Government is exempted from the service of notice under Section 80 of CPC as writ petitions do not fall under the category of suits.

Order 27 of the Code of Civil Procedure

• in any suit by or against the government, the plaint or the written statement should be signed by such a person, as the government by general or special order, appoint in this behalf.

Conclusion

1. Protection and defenses to the Government.
2. Abuse and misuse of the concerned section.

• The Court should judge the facts and circumstances of the case suo moto and come to the conclusion to whether the service of notice is a necessity in the case.

 Indian Judiciary | Free PDF

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