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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part IV: Suits In Particular Cases

Section 79 CPC: Suits by or against Government

Bare Act text

[79. Suits by or against Government.—In a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be—

(a) in the case of a suit by or against the Central Government, [the Union of India], and

(b) in the case of a suit by or against a State Government, the State.]

Amendment notes

  1. Subs. by the A.O. 1950, for “the Dominion of India”.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

In a suit by or against the Government, the authority to be named as plaintiff or defendant is the Union of India in a suit by or against the Central Government, and the State in a suit by or against a State Government. The section fixes how the Government is to be described as a party.

Part IV: Suits In Particular Cases

  1. 79 Suits by or against Government
  2. 80 Notice
  3. 81 Exemption from arrest and personal appearance
  4. 82 Execution of decree
  5. 83 When aliens may sue
  6. 84 When foreign States may sue
  7. 85 Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
  8. 86 Suits against foreign Rulers, Ambassadors and Envoys
  9. 87 Style of foreign Rulers as parties to suits
  10. 87A Definitions of “foreign State” and “Rulers”
  11. 87B Application of sections 85 and 86 to Rulers of former Indian States
  12. 88 Where interpleader-suit may be instituted
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