What should a public officer do on receiving a summons of a suit complaining of an act purporting to have been done by him in his official Capacity and how should a Government pleader appear for a public officer?

Question: What should a public officer do on receiving a summons of a suit complaining of an act purporting to have been done by him in his official Capacity and how should a Government pleader appear for a public officer? [UPCJ 1997, HJS 2002]

Find the answer to the mains question only on Legal Bites. [What should a public officer do on receiving a summons of a suit complaining of an act purporting to have been done by him in his official Capacity and how should a Government pleader appear for a public officer?]

Answer

As provided under Section 80 of the Code of Civil Procedure, no suits shall be instituted against the Government, including the Government of the State of Jammu and Kashmir, or against a public officer in respect of any by such officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of

1. In the case of a suit against the Central Government, except where it relates to a railway, a Secretary to that Government;
2. In the case of a suit against the Central Government where it relates to the railway, the General Manager of that railway;
3. In the case of a suit against the Government of the State of Jammu and Kashmir the Chief Secretary to that Government or any other officer authorized by that Government on this behalf,
4. In the case of a suit against any other State Government, a Secretary to that Government or the Collector of the district, and in the case of a public officer, delivered to him or left at his office.

In Prem Lata Nahata v. Chandi Prasad Sikaria, the Supreme Court held that in an instinct covered by Section 82(2), it is provided in Section 80(1) that “no suit shall be instituted… substantially indicated“.

This is, therefore, a bar to the institution of the suit and that is why courts have taken a view that in a case where a notice under Section 50. C.P.C. is mandatory, if the averments in the plaint indicate the absence of notice, the plaint is liable to be rejected.

When a public officer on receiving the summons considers it proper in making a reference to the government, before answering the plaint, he may apply to the court to grant such extension of 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.

The court shall extend the time for so long as appears to it to be necessary. When the government pleader has been furnished with an authority to appear and to answer the plaint, he 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.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. CPC Mains Questions Series: Important Questions Part – I of X
2. CPC Mains Questions Series: Important Questions Part – II of X
3. CPC Mains Questions Series: Important Questions Part – III of X
4. CPC Mains Questions Series: Important Questions Part – IV of X
5. CPC Mains Questions Series: Important Questions Part – V of X
6. CPC Mains Questions Series: Important Questions Part – VI of X
7. CPC Mains Questions Series: Important Questions Part – VII of
8. CPC Mains Questions Series: Important Questions Part – VIII of X
9. CPC Mains Questions Series: Important Questions Part – IX of X
10. CPC Mains Questions Series: Important Questions Part – X of X