Code of Civil Procedure, 1908 · Order XXVII: Suits By Or Against The Government Or Public Officers In Their Official Capacity

Order XXVII Rule 8 CPC: Procedure in suits against public officer

Bare Act text

8. Procedure in suits against public officer.—(1) Where the Government undertakes the defence of a suit against a public officer, the [Government pleader] upon being furnished with authority to appear and answer the plaint, shall apply to the court, and upon such application the Court shall cause a note of his authority to be entered in the register of civil suits.

(2) Where no application under sub-rule (1) is made by the [Government pleader] on or before the day fixed in the notice for the defendant to appear and answer, the case shall proceed as in a suit between private parties:

Provided that the defendant shall not be liable to arrest, nor his property to attachment, otherwise than in execution of a decree.

Amendment notes

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

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

Where the Government undertakes the defence of a suit against a public officer, the Government pleader, on being furnished with authority to appear and answer, applies to the Court, which must cause a note of his authority to be entered in the register of civil suits. If no such application is made by the day fixed for the defendant to appear and answer, the case proceeds as a suit between private parties, but the defendant cannot be arrested, nor his property attached, except in execution of a decree.