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Bare acts > Code of Civil Procedure, 1908 > Order 27 Rule 8 B
 
   


 

8B. Definitions of “Government” and “Government pleader”.- In this Order unless otherwise expressly provided, Government” and ‘Government pleader” means respectively—

(a) in relation to any suit by or against the Central Government , or against a public officer in the service of that Government, the Central Government and such pleader as that government may appoint whether generally or specially for the purposes of this Order;

(b) [Repealed]

(C) in relation to any suit by or against a State government or against a public officer in the service of a State, State Government and the government pleader as defined in clause (7) of section 2, or such other pleader as the State Government may appoint, whether generally or specially, for the purposes of this Order.

HIGH COURT AMENDMENTS

Allahabad.- (1) Add the following to Order XXVII, as Rule 9:

“Rule 9. In every case in which the Government pleader appears for the Government as a party on its own account, or for the Government as undertaking, under the provisions of Rule 8(1), the defence of a suit against an officer of the Government, he shall in lieu of a vakalatnama, file a memorandum or unstamped paper signed by him and stating on whose behalf he appears. Such memorandum shall be, as nearly as may be, in the terms of the following form:

Title of the suit, etc.,

1. A.B., Government pleader, appears on behalf of the Secretary of State for India in Council (or the Government of the Uttar Pradesh, or as the case may be) respondent (for etc.) in the suit.

Or, on behalf of the Government [which, under Order XXVII, Rule 8(1) of Act V of 1908 has undertaken the defence of the suit], respondent (or etc.) in the suit.”


STATE AMENDMENT

Uttar Pradesh.- In Order XXVII, after Rule 9, as inserted by the Allahabad High Court, the following rules shall be inserted, namely:-

“10, Suits by or against statutory authority.— (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 (and to Registrar of the High Court at Allahabad or at Lucknow Bench, as the case may be. l (Vide Noti. 121/IV-h-36-D dated Feb. 10, 1981 w.e.f. Oct. 3, 1981).

(2) The Corporation pleader so appointed shall be the agent in that district of the appointing authority or Corporation for purposes or receiving processes against it, but shall not act or plead without filing a Vakalatnama or memorandum of appearance.” UP. Act 57 of 1976, S. 11(1-1-1977).

Andhra Pradesh.- Same as that of Madras.

Madras (Pondicherry).- Rules 8-A and 8-B shall be renumbered as Rules 9 and 10 respectively (2-3-1942).


Orissa.- Same as in Allahabad except the last sentence and the proforma following thereafter.

 

 

 

 

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