Order XXVII. ORDER XXVII
SUITS BY OR AGAINST 2[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 3[the Government] may, by general or special order, appoint in this behalf, and shall be verified by any person whom 2[the Government] may so appoint and who is acquainted with the facts of the case. 42. Persons authorised to act for Government. Persons being ex-officio or otherwise authorised to act for 3[the Government] in respect of any judicial proceeding shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of 3[the Government]. 3. Plaints in suits by or against Government. In suits by or 5[against the Government], instead of inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall be sufficient to insert 6[the appropriate name as provided in section 79, 7[* * *]]. 8[4. Agent for Government to receive process. The 9[Government] pleader in any Court shall be the agent of the 9[Government] for the purpose of receiving processes against the 9[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 10[with the Government] through the proper channel, and for the issue of instructions to the 11[Government pleader] to appear and answer on behalf of 3[the Government] 12[* * *], and may extend the time at its discretion. 1 Subs. by F.A.O., 1975, Art. 2 and Table. 2 Amended by A.O., 1961, Art. 2 and Sch (with effect from the 23rd March, 1956) to read as above. 3 The original words “the Secretary of State for India in Council” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 and Sch (with effect from the 23rd March, 1956) to read as above. 4 For notifn. under this rule, see Gaz. of P., 1956, Pt. I, P. 486. 5 The original words “against the Secretary of State for India in Council” were first subs by A.O., 1937 and then amended by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), to read as above. 6 Subs. by A.O., 1937, for the words “The Secretary of State for India in Council”. 7 The words; “or, if the suit is against the Secretary of State,” the words “the Secretary of State,” omitted by A.O., 1949. 8 Subs. by A.O., 1937, for the orignal rule. 9 Subs. by A.O., 1961, Art. 2 and Sch. for “Crown” (with effect from the 23rd Marach, 1956). 10 The original words “with the Government” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), to read as above. 11 The original words “Governemnt pleader” were first subs. by A.O., 1937, and than amended by A.O., 1961, Art.2 and Sch. (with effect from the 23rd March, 1956) to read as above. 12 The words “or the Government” omitted by A.O., 1949. 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 3[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. Procedure in suits against public officer.
(1) Where 5[the Government] undertakes the 48. defence of a suit against a public officer 6[the Government pleader], upon being furnished with authority to appear 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.
(2) Where no application under sub-rule
(1) is made by 7[the 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:
Provided that the defendant shall not be liable to arrest, nor his property to attachment otherwise than in execution of a decree. 8[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 5[Government] or, where the 5[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 “ [Government]” and “5[Government]” pleader means respectively
5
(a) in relation to any suit by or against 9[* * *] the 10[Federal Government], or against a public officer in the service of that Government, the 10[Federal Government] and such pleader as that Government may appoint whether generally or specially for the purposes of this Order; 11
(b) [* * * * * *] 1 The original words “Governemnt pleader” were first subs. by A.O., 1937, and than amended by A.O., 1961, Art.2 and Sch. (with effect from the 23rd March, 1956) to read as above. 2 The original words “the Secretary of State for India in Council” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 and Sch (with effect from the 23rd March, 1956). to read as above. 3 The orignal words "the Government were first subs. by A.O., 1937, and then amended by A.O., 1961, Art.2 and Sch. (with effect from the 23rd March, 1956) to read as above. 4 For notifn. Under these rules, see Gaz. Of P. 1956, Pt. 1, p. 486. 5 Subs. by A.O., 1961, Art. 2 and Sch. for “Crown” (with effect from the 23rd Marach, 1956). 6 The original words “the Government pleader” have successively been amended by A.O., 1937, and A.O., 1961, Art. 2 and Sch. (with effect the 23rd March, 1956), to read as above. 7 The original words “the Government pleader" have successively been amended by A.O., 1937, and A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), to read as above. 8 Rules 8A and 8B were ins. by A.O., 1937. 9 The words “the Secretary of State or “omitted by A.O., 1949. 10 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 11 Cl.
(b) omitted by A.O., 1949.
(c) in relation to any suit by or against a Provincial Government or against a public officer in the service of a Province, the Provincial Government and the Government pleader, or such other pleader as the Provincial Government may appoint, whether generally or specially, for the purposes of this Order.]
1 [ORDER XXVIIA SUITS INVOLVING 2[ANY SUBSTANTIAL QUESTION AS TO THE INTERPRETATION OF CONSTITIONAL LAW]. 1. Notice to the Advocate General. In any suit in which it appears to the Court that 2[ any substantial question as to the interpretation of constitutional law] is involved, the Court shall not proceed to determine that question until after notice has been given to the 2[Attorney General for Pakistan] if the question of law concerns the 3[Federal Government] and to the Advocate-General of the Province if the question of law concerns a Provincial Government. 2. Court may add Government as party. The Court may at any stage of the proceedings order that the 3[Federal Government] or a Provincial Government shall be added as a defendant in any suit involving 2[any substantial question as to the interpretation of constitutional law] if the 2[Attorney General for Pakistan] or the Advocate General of the Province 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. Costs when Government added as party. Where under rule 2 Government is added as a defendant in a suit, 2[the Attorney General,] the Advocate-General or the Government shall not be entitled to or liable for costs in the Court which ordered the addition unless the Court having regard to all the circumstances of the case for any special reason otherwise orders. 4. Application of Order to appeals. In the application of this Order to appeals the word “defendant” shall be held to include a respondent and the word “suit” an appeal.].
(1) Where the defendant is a public officer and, on receiving the summons, considers it proper to make a reference to 3[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. Procedure in suits against public officer.
(1) Where 5[the Government] undertakes the 48. defence of a suit against a public officer 6[the Government pleader], upon being furnished with authority to appear 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.
(2) Where no application under sub-rule
(1) is made by 7[the 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:
Provided that the defendant shall not be liable to arrest, nor his property to attachment otherwise than in execution of a decree. 8[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 5[Government] or, where the 5[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 “ [Government]” and “5[Government]” pleader means respectively
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(a) in relation to any suit by or against 9[* * *] the 10[Federal Government], or against a public officer in the service of that Government, the 10[Federal Government] and such pleader as that Government may appoint whether generally or specially for the purposes of this Order; 11
(b) [* * * * * *] 1 The original words “Governemnt pleader” were first subs. by A.O., 1937, and than amended by A.O., 1961, Art.2 and Sch. (with effect from the 23rd March, 1956) to read as above. 2 The original words “the Secretary of State for India in Council” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 and Sch (with effect from the 23rd March, 1956). to read as above. 3 The orignal words "the Government were first subs. by A.O., 1937, and then amended by A.O., 1961, Art.2 and Sch. (with effect from the 23rd March, 1956) to read as above. 4 For notifn. Under these rules, see Gaz. Of P. 1956, Pt. 1, p. 486. 5 Subs. by A.O., 1961, Art. 2 and Sch. for “Crown” (with effect from the 23rd Marach, 1956). 6 The original words “the Government pleader” have successively been amended by A.O., 1937, and A.O., 1961, Art. 2 and Sch. (with effect the 23rd March, 1956), to read as above. 7 The original words “the Government pleader" have successively been amended by A.O., 1937, and A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), to read as above. 8 Rules 8A and 8B were ins. by A.O., 1937. 9 The words “the Secretary of State or “omitted by A.O., 1949. 10 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 11 Cl.
(b) omitted by A.O., 1949.
(c) in relation to any suit by or against a Provincial Government or against a public officer in the service of a Province, the Provincial Government and the Government pleader, or such other pleader as the Provincial Government may appoint, whether generally or specially, for the purposes of this Order.]
1 [ORDER XXVIIA SUITS INVOLVING 2[ANY SUBSTANTIAL QUESTION AS TO THE INTERPRETATION OF CONSTITIONAL LAW]. 1. Notice to the Advocate General. In any suit in which it appears to the Court that 2[ any substantial question as to the interpretation of constitutional law] is involved, the Court shall not proceed to determine that question until after notice has been given to the 2[Attorney General for Pakistan] if the question of law concerns the 3[Federal Government] and to the Advocate-General of the Province if the question of law concerns a Provincial Government. 2. Court may add Government as party. The Court may at any stage of the proceedings order that the 3[Federal Government] or a Provincial Government shall be added as a defendant in any suit involving 2[any substantial question as to the interpretation of constitutional law] if the 2[Attorney General for Pakistan] or the Advocate General of the Province 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. Costs when Government added as party. Where under rule 2 Government is added as a defendant in a suit, 2[the Attorney General,] the Advocate-General or the Government shall not be entitled to or liable for costs in the Court which ordered the addition unless the Court having regard to all the circumstances of the case for any special reason otherwise orders. 4. Application of Order to appeals. In the application of this Order to appeals the word “defendant” shall be held to include a respondent and the word “suit” an appeal.].