Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 188

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 188, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

   local limits of 1[the ordinary original civil jurisdiction of the High Court], to any person whom the
Court thinks fit to execute the commission.
    22. Issue, execution and return of commissions, and transmission of evidence to foreign
Court.—The provisions of rules 6, 15, 2[sub-rule (1) of rule 16A, 17, 18 and 18B] of this Order in so
far as they are applicable shall apply to the issue, execution and return of such commission s, and when
any such commission has been duly executed it shall be returned, together with the evidence taken
under it, to the High Court, which shall forward it to the Central Government, along with the letter of
request for transmission to the foreign court].
                                                        ORDER XXVII
                  Suits by or against the government or public officers in their official capacity

     1. Suits by or against Government.—In any suit by or against 3[the Government], the plaint or
written statement shall be signed by such person as the Government may, by general or special order,
appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who
is acquainted with the facts of the case.

     2. Persons authorised to act for Government.—Persons being ex officio or otherwise authorised to act
for the Government in respect of any judicial proceeding shall be deemed to be recognised agents by whom
                                                                                    e
appearances, acts and applications under this Code may be made or done on behalf of the Government.
                                                                            od
    3. Plaints in suits by or against Government.—In suits by or 4[against the Government], instead of
                                                                    aC
inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall
be sufficient to insert 3[the appropriate name as provided in section 79 5***.]
                                                               di
     6                                                    In
    [4. Agent for Government to receive process.—The Government pleader in any Court shall be the
agent of the Government for the purpose of receiving processes against the Government issued by such
Court].

     5. Fixing of day for appearance on behalf of Government.—The Court, in fixing the day for 3[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 7[Government pleader]
to appear and answer on behalf of 8[the Government] 9***, and may extend the time at its discretion 10[but
the time so extended shall not exceed two months in the aggregate].
     10
       [5A. Government to be joined as a party in a suit against a public officer.—Where a suit is
instituted against a public officer for damages or other relief in respect of any act alleged to have been
done by him in his official capacity, the Government shall be joined as a party to the suit.

    5B. Duty of Court in suits against the Government or a public officer to assist in arriving at a
settlement.—(1) In every suit or proceeding to which the Government, or a public officer acting in his
official capacity, is a party, it shall be the duty of the Court to make, in the first instance, every
endeavour, where it is possible to do so consistently with the nature and circumstances of the case, to
assist the parties in arriving at a settlement in respect of the subject-matter of the suit.


1. Subs. by the A.O. 1937 for “its ordinary original civil jurisdiction”.
2. Subs. by Act 104 of 1976, s. 75, for “16, 17 and 18” (w.e.f. 1-2-1977).
3. Subs. by A.O. 1937, for “the Secretary of State for India in Council”.
4. Subs. ibid., for “against the Secretary of State for India in Council”.
5. The words ‘or’ if the suit is against the Secretary of State, the words “the Secretary of State” omitted by the A.O. 1948.
6. Subs. by the A.O. 1937, for rule 4.
7. Subs. by the A.O. 1950, for “Crown pleader” which had been subs. by the A. O. 1937, for “Government pleader”.
8. Subs. by the A.O. 1937, for “the said Secretary of State, for India in Council”.
9. The words “or the Government,” omitted by the A. O. 1948.
10. Ins. by Act 104 of 1976, s. 76 (w.e.f. 1-2-1977).

                                                                188

Compare original page image