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The Code of Civil Procedure, 1908: page 189

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 189, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    (2) If, in any such suit or proceeding, at any stage, it appears to the court that there is a reasonable
possibility of a settlement between the parties, the Court may adjourn the proceeding for such period as it
thinks fit, to enable attempts to be made to effect such a settlement.

    (3) The power conferred under sub-rule (2) is in addition to any other power of the Court to adjourn
proceedings.]

    6. Attendance of person able to answer questions relating to suit against Government.—The
Court may also, in any case in which the 1[Government pleader] is not accompanied by any person on the
part of 2[the Government] who may be able to answer any material questions relating to the suit, direct the
attendance of such a person.

    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.
    8. Procedure in suits against public officer.—(1) Where the Government undertakes the defence of
                                                                             e
a suit against a public officer, the 1[Government pleader] upon being furnished with authority to appear
                                                                       od
and answer the plaint, shall apply to the court, and upon such application the Court shall cause a note of
his authority to be entered in the register of civil suits.
                                                               aC
    (2) Where no application under sub-rule (1) is made by the 1[Government pleader] on or before the
day fixed in the notice for the defendant to appear and answer, the case shall proceed as in a suit between
private parties:                                          di
    Provided that the defendant shall not be liable to arrest, nor his property to attachment, otherwise than
                                                     In
in execution of a decree.
    3
     [8A. No security to be required from Government or a public officer in certain cases.—No such
security as is mentioned in rules 5 and 6 of Order XLI shall be required from the Government or, where
the Government has undertaken the defence of the suit, from any public officer sued in respect of an act
alleged to be done by him in his official capacity.     ,
    8B. Definitions of “Government” and “Government pleader”.—In this Order 4[unless otherwise
expressly provided] “Government” and 1[“Government pleader”] mean respectively—
        (a) in relation to any suit by or against 5*** the Central Government, or against a public officer in
    the service of that Government, the Central Government and such pleader as that Government may
    appoint whether generally or specially for the purposes of this order;
        6
        *                        *                        *                       *                 *
       (c) in relation to any suit by or against State Government or against a public officer in the service
   of a State, the State Government and the Government pleader 4[as defined in clause (7) of section 2],
   or such other pleader as the State Government may appoint, whether generally or specially, for the
   purposes of this Order.]
                                          STATE AMENDMENT
Uttar Pradesh
Amendment of Order XXVII.— In the First Schedule, in Order XXVII —
            (a) in the marginal heading after the words “official capacity” the words “or



1. Subs. by the A.O. 1950, for “Crown pleader” which had been subs. by the A. O. 1937, for “Government pleader”.
2. Subs. by the A.O. 1937, for “the Secretary of State for India in Council”.
3. Ins. by the A.O. 1937.
4. Ins. by the A.O. 1950.
5. The words “the Secretary of State or” omitted by the A.O.1948.
6. Cl. (b) omitted by the A.O. 1948.

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