Suit filed by and against the Government – Section 79, 80 & Order 27 of Civil Procedure Code

Civil Law

The suit filed by and against the Government – Section 79, 80 & Order 27 of Civil Procedure Code

SPECIAL SUITS

A perusal of the Code of Civil Procedure transpires that the suits in question can be classified into two categories. (1) General Suits and (2) Special Suits. In respect to Special Suits apart from the provisions that are applicable to the General Suits for filing, proceeding, and trial, some additional and specific provisions have also been Provided.

The suits which fall in the category of Special Suits are as under:-

  • SUITS BY OR AGAINST GOVERNMENT OR PUBLIC OFFICERS:- (Section 79-82 & Order 27)
  • SUITS BY ALIENS (Section 83)
  • SUITS BY OR AGAINST FOREIGN RULERS, AMBASSADORS, AND ENVOYS (Section 84-87A)
  • SUITS BY OR AGAINST RULERS OF FORMER INDIAN STATES (Section 87B)
  • SUITS BY OR AGAINST SOLDIERS, SAILORS, AND AIRMEN (Order 28)
  • SUITS BY OR AGAINST CORPORATION (ORDER 29)
  • SUITS BY OR AGAINST PARTNERSHIP FIRM (ORDER 30)
  • SUITS BY OR AGAINST TRUSTEES, EXECUTORS, AND ADMINISTRATION (Order 31)
  • SUITS BY OR AGAINST MINORS AND LUNATICS (Order 32)
  • SUITS CONCERNING FAMILY MATTERS (Order 32A)
  • FRIENDLY SUITS (Section 90)
  • INTERPLEADER SUITS (Section 88)
  • SUITS BY INDIGENT PERSONS (Order 33)
  • SUITS RELATING TO CONSTITUTIONAL VALIDITY OF STATUTORY INSTRUMENTS (Order 27B)
  • MORTGAGE SUITS (Order 34)
  • SUMMARY SUITS (Order 37)
  • SUITS RELATING TO PUBLIC NUISANCE (Section 91)
  • SUITS RELATING TO PUBLIC TRUST (Section 92)

Gujarat Civil Courts Act 2005

Sec. 27: Government Suits

  • No subordinate court other than the court of a Senior Civil Judge and no court of Small Cause shall receive or register any suit in which the Government or any officer of the Government in his official capacity is a party.
  • In every such case, the plaintiff shall be referred to the court of the Senior Civil Judge. Such suit shall be instituted only in the court of the Senior Civil Judge and shall be heard by such Senior Civil Judge subject to the provision of the Code of Civil Procedure.

SUITS BY OR AGAINST GOVERNMENT OR PUBLIC OFFICERS

[79. Suits by or against Government – In a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be –

(a) In the case of a suit by or against the Central Government, [the Union of India], and

(b) In the case of a suit by or against a State Government, [the State].

 

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