Suits by or Against the Government under CPC
Suits by or Against the Government under the CPC
1. Introduction
Suits involving the Government (Central or State) have special provisions under the Code of Civil Procedure, 1908 (CPC) because of the unique position of the State. The Government cannot be sued or sue in the same manner as a private party; procedural safeguards exist to protect the interests of the State and to ensure proper administration of justice.
2. Relevant Provisions in CPC
Order XXXVII (Summary Suits):
Rule 3 of Order XXXVII restricts filing of summary suits against the Government or its officers.
Order XXVII - Suits by or against the Government:
Deals specifically with procedure for suits against or by the Government or public officers.
Rule 1: No suit shall be instituted against the Government or public officer unless the pleader appointed by the Government has signed the plaint or the Government has expressly consented.
Rule 3: The summons or notice must be served to the pleader appointed by the Government.
Rule 4: Any application or document in suits by or against the Government must be signed by the pleader representing the Government.
Section 80 CPC:
Requires that before suing the Government, a two-month notice must be served to the Government specifying the cause of action and relief claimed.
Purpose is to give the Government an opportunity to reconsider and settle the dispute without litigation.
3. Purpose of Special Procedure
To protect the State’s interests and prevent unnecessary litigation against the government.
To ensure proper representation of the government in court by its appointed pleader or counsel.
To avoid harassment of public officials and enable administrative efficiency.
To facilitate settlement or withdrawal of claims before formal litigation.
4. Suits by the Government
The Government may sue in the name of the State or through its authorized officer.
The plaint must be signed by a pleader appointed by the Government.
The government’s special status does not exempt it from the procedural requirements.
5. Suits Against the Government
No suit can be filed against the Government unless:
The two-month notice under Section 80 CPC is served.
The plaint is signed by the Government’s authorized pleader.
The suit is filed with the Government’s consent.
The summons must be served on the pleader appointed by the Government.
Summary suits against the Government are not maintainable (Order XXXVII, Rule 3).
6. Key Case Law
(a) State of Rajasthan v. Union of India, AIR 1977 SC 1361
Held that Section 80 CPC is mandatory for suits against the Government.
Failure to serve the two-month notice leads to dismissal of the suit.
(b) Collector, Land Acquisition v. Mst. Katiji, AIR 1987 SC 1353
The Government’s consent and representation by authorized pleader are essential to proceed with the suit.
(c) Kalyanpur Cement Ltd. v. Union of India, (2006) 3 SCC 752
Emphasized that suits against the Government are subject to the procedural safeguards to avoid harassment.
(d) Nair Service Society Ltd. v. K.C. Alexander, AIR 1968 SC 1161
Even when fundamental rights are involved, the procedure prescribed in CPC must be followed when suing the Government.
(e) M.C. Chockalingam v. Union of India, AIR 1962 SC 604
Government pleader’s consent is mandatory for institution or defense of suits involving the State.
7. Exceptions
Certain public law remedies such as writ petitions under Articles 32 and 226 of the Constitution can be filed directly without following CPC provisions.
Some statutory actions or legislations may provide special procedures.
8. Summary
| Aspect | Details |
|---|---|
| Notice before suit | Mandatory 2 months’ notice under Section 80 CPC |
| Pleader’s role | Government’s appointed pleader must sign plaint and plead |
| Consent | Government’s express consent required before suit initiation |
| Service of summons | To Government pleader, not directly to public officers |
| Summary suits | Not maintainable against the Government |
| Judicial approach | Courts strictly enforce procedural safeguards to protect the State’s interests |
9. Practical Implications
Individuals or entities intending to sue the Government must serve notice, obtain consent, and ensure representation by government pleader.
Government enjoys procedural protection but not immunity from judicial scrutiny.
The safeguards maintain a balance between public interest and individual rights.
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