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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXVII: Suits By Or Against The Government Or Public Officers In Their Official Capacity

Order XXVII Rule 8A CPC: No security to be required from Government or a public officer in certain cases

Bare Act text

[8A. No security to be required from Government or a public officer in certain cases.—No such security as is mentioned in rules 5 and 6 of Order XLI shall be required from the Government or, where the Government has undertaken the defence of the suit, from any public officer sued in respect of an act alleged to be done by him in his official capacity. ,

Amendment notes

  1. Ins. by the A.O. 1937.

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

In simple words

No security of the kind mentioned in rules 5 and 6 of Order XLI, which deal with stay of execution and security in appeals, is to be required from the Government. Nor is it required from a public officer sued for an act alleged to be done in his official capacity, where the Government has undertaken the defence of the suit.

Order XXVII: Suits By Or Against The Government Or Public Officers In Their Official Capacity

  1. 1 Suits by or against Government
  2. 2 Persons authorised to act for Government
  3. 3 Plaints in suits by or against Government
  4. 4 Agent for Government to receive process
  5. 5 Fixing of day for appearance on behalf of Government
  6. 5A Government to be joined as a party in a suit against a public officer
  7. 5B Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement
  8. 6 Attendance of person able to answer questions relating to suit against Government
  9. 7 Extension of time to enable public officer to make reference to Government
  10. 8 Procedure in suits against public officer
  11. 8A No security to be required from Government or a public officer in certain cases
  12. 8B Definitions of “Government” and “Government pleader”
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