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The Code of Civil Procedure, 1908: page 190

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 190, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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  Statutory Authorities, etc.” shall be inserted ;
         (b) after rule 9, as inserted by the Allahabad High Court, the following rule shall
  be inserted, namely :—
         “10. Suits by or against statutory authorities —
             (1) Any authority or Corporation, constituted by or under any law, may, from time to
          time appoint a Standing Counsel, to be called corporation pleader of that authority,
          in any district and give information of such appointment to the District Judge.
              (2) The Corporation pleader so appointed shall be the agent in that district of the
          appointing authority or Corporation for purposes of receiving processes against it,
          but shall not act or plead without filing a Vakalatnama or memorandum of
          appearance.”
[Vide Uttar Pradesh Act 56 of 1976, s. 11]]
                                                    1
                                                [ORDER XXVII A]
   Suits involving a substantial question of law as to the interpretation of 2[the constitution] 3[or as to the
                                      validity of any statutory instrument]
      1. Notice to the Attorney General or the Advocate-General.—In any suit in which it appears to the
Court that 4[any such question as is referred to 5[in clause (1) of Article 132, read with Article 147 of the
Constitution,] is involved, the Court shall not proceed to determine that question until after notice has
been given to 6[the Attorney General for India] if the question of law concerns the Central Government
                                                                                  e
and to the Advocate-General of the State if the question of law concerns a State Government.
                                                                           od
      3[1A. Procedure in suits involving validity of any statutory instrument.—In any suit in which it

appears to the Court that any question as to the validity of any statutory instrument, not being a question of the
                                                                   aC
nature mentioned in rule l, is involved, the Court shall not proceed to determine that question except after
giving notice—
                                                              di
            (a) to the Government pleader, if the question concern the Government, or
                                                         In
            (b) to the authority which issued the statutory instrument, if the question concerns an authority
      other than Government.]
      2. Court may add Government as party.—The Court may at any stage of the proceedings order that
the Central Government or a State Government shall be added as a defendant in any suit involving 7[any
such question as is referred to 8[in clause (1) of Article 132 read with Article 147, of the Constitution]], if
9
  [the Attorney General for India] or the Advocate-General of the State, as the case may be, whether upon
receipt of notice under rule 1, 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 of law involved.
      3
       [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.]
      10
         [3. Costs.—Where, under rule 2 or rule 2A the Government or any other authority is added as a
defendant in a suit, the Attorney-General, Advocate-General, or Government Pleader or Government or

1. Ins. by Act 23 of 1942, s. 2.
2. Subs. by the A.O. 1950, for “the Government of India Act, 1935, or any Order -in-Council made thereunder”.
3. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977).
4. Subs. by the A.O. 1948, for “substantial question of law as to the interpretation of the Government of India Act, 1935, or any
   Order-in-Council made thereunder”.
5. Subs. by the A.O. 1950, “In sub-section (1) of section 205 of the Government of India Act, 1935”.
6. Subs. ibid., for “the Advocate-General of India”.
7. Subs. by the A. O. 1948, for “a substantial question of law as to the interpretation of the Government of India Act, 1935 or any
   Order-in-Council made thereunder”.
8. Subs. by the A.O. 1950, for “in sub-section (1) of section 205 of the Government of India Act, 1935”.
9. Subs., ibid., for “the Advocate-General of India”.
10. Subs. by Act 104 of 1976, s. 77, for rule 3 (w.e.f. 1-2-1977).

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