Order XXVII CPC: Suits by or Against the Government or Public Officers

Order XXVII of Code of Civil Procedure: Suits by or Against the Government or Public Officers

Official Bare Act Text

Override / Mandate Court Discretion Procedural Action Non-Compliance Limitation Monetary

Rule 1. Suits by or against Government

In any suit by or against the Government, the plaint or written statement shall be signed by such person as the Government may, by general or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case.

Rule 4. Agent for Government to receive process

The Government pleader in any Court shall be the agent of the Government for the purpose of receiving processes against the Government issued by such Court.

Rule 5. Government to be allowed time to answer

(1)The Court, in fixing the day for the Government to answer to the plaint, shall allow a reasonable time for the necessary communication with the Government through the proper channel, and for the issue of instructions to the Government pleader to appear and answer on behalf of the Government, and may extend the time at its discretion, but the time so granted shall not exceed two months in the aggregate.

Rule 5A. Government to be joined as a party in a suit against a public officer

Where a suit is instituted against a public officer for damages or other relief in respect of any act alleged to have been done by him in his official capacity, the Government shall be joined as a party to the suit.

Legal Commentary & Landmark Judgments: Order 27

Order XXVII prescribes the statutory procedure for suits by or against the Government or by or against public officers in their official capacity, regulating appearances, recognized government pleaders, and defenses.

Suits by or Against Government [R. 1]: In any suit by or against the Government, the plaint or written statement shall be signed by such person as the Government may appoint by general or special order and shall be verified by any person acquainted with the facts.
Government Pleader Standing [R. 4]: The Government Pleader in any court shall be the agent of the Government for the purpose of receiving process issued against the Government.
Extension of Time for Written Statement [R. 5]: Court must allow a reasonable time (not exceeding 2 months in aggregate) to enable the Government to communicate with the department and instruct the Government Pleader.
Duty to Assist Reconciliation [R. 5B]: Mandatory duty of the court in suits against the Government to assist the parties in arriving at a negotiated settlement.

Key Landmark Precedents:

Chief Conservator of Forests, Govt. of A.P. v. Collector, (2003) 3 SCC 472: The Supreme Court authoritatively analyzed Order 27 read with Section 79, holding that government litigation must be conducted in the name of the sovereign entity by authorized officers, and department officers cannot sue each other without state resolution.
State of Kerala v. General Manager, Southern Railway, (1976) 4 SCC 365: Affirmed that process served on the designated Government Pleader under Order 27 Rule 4 satisfies statutory service on the Government.
Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344: Emphasized the duty of government departments under Order 27 Rule 5B to explore mediation.

Courtroom Practice & Strategic Litigation Guidance:

In suits against government entities, serve a copy of the plaint on the standing Government Pleader's office under Order 27 Rule 4 to avoid summons service delays.

Order XXVII: Suits by or Against the Government or Public Officers