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Saturday, 14 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 3 CPC: Plaints in suits by or against Government

Bare Act text

3. Plaints in suits by or against Government.—In suits by or [against the Government], instead of inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall be sufficient to insert [the appropriate name as provided in section 79 * * * .]

Amendment notes

  1. Subs. by A.O. 1937, for “the Secretary of State for India in Council”.
  2. Subs. ibid., for “against the Secretary of State for India in Council”.
  3. The words ‘or’ if the suit is against the Secretary of State, the words “the Secretary of State” omitted by the A.O. 1948.

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

In suits by or against the Government, it is enough to insert in the plaint, instead of the name, description and residence of the plaintiff or defendant, the appropriate name provided in section 79. The Government therefore need not be described like a private party, and the plaint uses the name given by section 79 for suits by or against it.

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”