Code of Civil Procedure, 1908 · Order XXVII-A: Suits Involving A Substantial Question Of Law As To The Interpretation Of The Constitution Or As To The Validity Of Any Statutory Instrument

Order XXVII-A Rule 2A CPC: Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument

Bare Act text

[2A. Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument.—The Court may, at any stage of the proceedings in any suit involving any such question as is referred to in rule 1A, order that the Government or other authority shall be added as a defendant if the Government pleader or the pleader appearing in the case for the authority which issued the instrument, as the case may be, whether upon receipt of notice under rule lA or otherwise, applies for such addition, and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question.]

Amendment notes

Ins. by Act 104 of 1976, s. 77 (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 a suit involving the validity of a statutory instrument under rule 1A, the Court may at any stage add the Government or the issuing authority as a defendant. This requires an application by the Government pleader or the pleader for that authority, whether after notice under rule 1A or otherwise, and the Court must be satisfied that the addition is necessary or desirable to decide the question. The rule was inserted by the 1976 amendment.

Order XXVII-A: Suits Involving A Substantial Question Of Law As To The Interpretation Of The Constitution Or As To The Validity Of Any Statutory Instrument