SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITYCentral
Section 79 of The Code of Civil Procedure, 1908
Suits by or against Government.
1[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, 2[the Union of India], and
- (b)in the case of a suit by or against a State Government, the State.]
Summary
- This section defines who to name in a lawsuit involving the government.
- If you sue the national government, you name the Union of India.
- If you sue a regional government, you simply name the State.
- This rule applies whether the government is the one suing or being sued.
Practical examples
1Amit wants to sue the national tax department for a refund. He must list the Union of India as the defendant in his court papers.
2A construction company is sued by the Karnataka government for a bridge delay. The court papers will list the State of Karnataka as the plaintiff.
FAQ
1. Who is the defendant when suing the Central Government under Section 79 of the Code of Civil Procedure, 1908?
According to Section 79 of the Code of Civil Procedure, 1908, the Central Government should be named as the Union of India in a lawsuit.
2. How do I name a state government in a civil suit under Section 79 of the Civil Procedure Code?
Under Section 79 of the Civil Procedure Code, a state government is named simply as the State, such as the State of Maharashtra.
3. Does Section 79 of the 1908 Code apply when the government is the plaintiff?
Yes, Section 79 of the 1908 Code specifies that the government must be named as the Union of India or the State even when it is the one starting the lawsuit.
Test yourself
1.Under Section 79 of The Code of Civil Procedure, 1908, if Rahul sues the Ministry of Finance, who must be named as the defendant?