Code of Civil Procedure, 1908
Section 79 CPC - Suits by or Against Government
Section 79 of the Code of Civil Procedure, 1908 (CPC) identifies the proper party to be named when a civil suit is instituted by or against the Central Government or a State Government. It works with Article 300 of the Constitution, Section 80 CPC and Order XXVII CPC.
Text of Section 79 CPC
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.
Meaning and scope of Section 79
Section 79 prescribes the legal description of the governmental party in a civil suit. Where the Central Government is the litigant, the suit is brought in the name of the Union of India. Where a State Government is the litigant, the suit is brought in the name of the relevant State, such as the State of Kerala or the State of Maharashtra.
This provision concerns the identity of the party; it does not, by itself, create a cause of action, dispense with statutory notice, determine territorial jurisdiction or establish governmental liability. Whether an authority, statutory corporation or public body must be sued in its own name depends on its governing legislation and the facts of the dispute.
Who should be named in a government suit?
| Government concerned | Party ordinarily named under Section 79 |
|---|---|
| Central Government | Union of India |
| State Government | State concerned (for example, State of Karnataka) |
For example, a civil claim against the Central Government ordinarily names the Union of India as defendant, with the appropriate ministry or department identified where necessary for service and representation. A claim against a State Government ordinarily names that State. The proper defendant must still be assessed in light of any special statute and the nature of the claim.
Related legal provisions
Article 300 of the Constitution of India
Article 300 of the Constitution addresses the capacity of the Government of India and State Governments to sue and be sued in the names of the Union of India and the respective States. Section 79 CPC supplies the corresponding procedural naming rule for civil suits.
Section 80 CPC - Notice before a suit against Government
Section 80 CPC generally requires two months' prior written notice before instituting a suit against the Government or a public officer in respect of an act purporting to be done in an official capacity, subject to the provision's requirements and exceptions. Under Section 80(2), a suit seeking urgent or immediate relief may be instituted with the leave of the court without serving the usual prior notice, subject to the statutory safeguards. Section 79 does not replace Section 80.
Order XXVII CPC - Suits by or against Government or public officers
Order XXVII contains procedural rules for government litigation, including the signing and verification of pleadings by authorized persons (Rule 1), persons authorized to act for Government (Rule 2), service on the Government (Rule 4), and reasonable time for governmental communication and instructions (Rule 5). The relevant rules should be read together with applicable local amendments and court rules.
Section 81 and Section 82 CPC
Section 81 provides specified protections for public officers in suits relating to acts purportedly done in official capacity. Section 82 deals with execution of decrees against the Government or a public officer in the specified circumstances, including the statutory waiting period.
Practical considerations before filing
- Identify whether the dispute concerns the Union Government, a State Government or a separately incorporated statutory authority.
- Name the appropriate party in the plaint and correctly identify the responsible department for service where required.
- Check whether notice under Section 80 CPC is mandatory and whether an urgent-relief application under Section 80(2) is justified.
- Verify jurisdiction, limitation, applicable special legislation, court fees and any relevant High Court amendments.
- Follow Order XXVII and applicable procedural rules concerning representation and service.
Frequently asked questions
Can a government department be sued instead of the Union of India?
Where the suit is substantively against the Central Government, Section 79 ordinarily requires the Union of India to be named. Whether a department or other body may independently be a party depends on its legal status and the applicable law.
Does Section 79 require two months' notice?
No. Section 79 identifies the proper party. The separate notice requirement, where applicable, arises under Section 80 CPC.
Does Section 79 apply to public sector companies?
Not automatically. A company or statutory body with separate legal personality may ordinarily sue and be sued in its own name, subject to its constituting statute and the nature of the proceedings.
Official legal sources
- India Code - Code of Civil Procedure, 1908 (Act 5 of 1908)
- Legislative Department - Constitution of India
- LawDadi - CPC sections, orders and rules
Legal information is provided for general reference. Check the current statutory text, state amendments and relevant judicial decisions before relying on a provision in a particular case.