[79. Suits by or against Government.—In a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be—
(a) in the case of a suit by or against the Central Government, [the Union of India], and
(b) in the case of a suit by or against a State Government, the State.]
Amendment notes
- Subs. by the A.O. 1950, for “the Dominion of India”.
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In a suit by or against the Government, the authority to be named as plaintiff or defendant is the Union of India in a suit by or against the Central Government, and the State in a suit by or against a State Government. The section fixes how the Government is to be described as a party.