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

Order XXVII Rule 5 CPC: Fixing of day for appearance on behalf of Government

Bare Act text

5. Fixing of day for appearance on behalf of Government.—The Court, in fixing the day for [the Government] to answer to the plaint, shall allow a reasonable time for the necessary communication with the Government through the proper channel, and for the issue of instructions to the [Government pleader] to appear and answer on behalf of [the Government] * * * , and may extend the time at its discretion [but the time so extended shall not exceed two months in the aggregate].

Amendment notes

Subs. by A.O. 1937, for “the Secretary of State for India in Council”.
Subs. by the A.O. 1950, for “Crown pleader” which had been subs. by the A. O. 1937, for “Government pleader”.
Subs. by the A.O. 1937, for “the said Secretary of State, for India in Council”.
The words “or the Government,” omitted by the A. O. 1948.
Ins. by Act 104 of 1976, s. 76 (w.e.f. 1-2-1977).

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 fixing the day for the Government to answer the plaint, the Court must allow a reasonable time for the necessary communication with the Government through the proper channel and for issuing instructions to the Government pleader to appear and answer. The Court may extend the time at its discretion, but the time so extended must not exceed two months in the aggregate. The two-month cap was added by the 1976 amendment.