Skip to content
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 7 CPC: Extension of time to enable public officer to make reference to Government

Bare Act text

7. Extension of time to enable public officer to make reference to Government.—(1) Where the defendant is a public officer and, on receiving the summons, considers it proper to make a reference to the Government before answering the plaint, he may apply to the Court to grant such extension of the time fixed in the summons as may be necessary to enable him to make such reference and to receive orders thereon through the proper channel.

(2) Upon such application the Court shall extend the time for so long as appears to it to be necessary.

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

A public officer sued as defendant who, on receiving the summons, thinks it proper to refer the matter to the Government before answering the plaint may apply to the Court for such extension of the time fixed in the summons as is necessary to make the reference and receive orders through the proper channel. On such application, the Court must extend the time for as long as appears to it to be necessary.

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”