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Section 79: Suits by or against Government

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Act 1908
Section 78 All 158 Sections of Code of Civil Procedure Section 80

Legal Commentary & Landmark Judgments: Section 79

Section 79 defines the statutory style and title of parties in suits by or against the Government, establishing that suits by or against the Central Government shall be in the name of the 'Union of India', and against State Governments in the name of the 'State'.

  • Suits by or Against Central Government: In a suit by or against the Government, the authority to be named as plaintiff or defendant shall be, in the case of the Central Government, the Union of India.
  • Suits by or Against State Government: In the case of a State Government, the State (e.g., 'State of Maharashtra', 'State of Uttar Pradesh').
  • Mandatory Party Impleadment: Impleading a Department or Ministry (e.g., 'Secretary, Ministry of Defense') without naming the 'Union of India' or 'State' is a fatal misjoinder.
  • Section 80 Notice Nexus: Must be preceded by a mandatory statutory notice under Section 80.
Key Landmark Precedents:
  • Chief Conservator of Forests, Govt. of A.P. v. Collector, (2003) 3 SCC 472: The Supreme Court authoritatively held that under Section 79, a suit by or against the Government must be filed strictly in the name of the 'Union of India' or the 'State'; impleading department officers without the State entity renders the suit non-maintainable.
  • State of Kerala v. General Manager, Southern Railway, (1976) 4 SCC 365: The Supreme Court held that in suits against railways, the Union of India must be named as defendant under Section 79.
  • Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344: Reaffirmed the mandatory naming of sovereign entities under Section 79.
Courtroom Practice & Strategic Litigation Guidance:

In drafting suits against government authorities, name 'Union of India through Secretary, Ministry of...' or 'State of... through Principal Secretary...' as the party defendant to satisfy Section 79.

Section 78 All 158 Sections of Code of Civil Procedure Section 80