Order XXVII Rule 1 CPC - Suits by or against Government

Order XXVII Rule 1 of the Code of Civil Procedure, 1908 (CPC) prescribes who may sign and verify a plaint or written statement when the Government is a party to a civil suit. It requires Government authorisation for both acts and factual knowledge on the part of the person verifying the pleading.

Text of Order XXVII Rule 1 CPC

1. Suits by or against Government. In any suit by or against the Government the plaint or written statement shall be signed by such person as the Government may, by general or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case.

Source: Code of Civil Procedure, 1908, official India Code PDF. State amendments and applicable High Court rules should also be checked.

Meaning and requirements of Rule 1

The rule governs both suits filed by the Government and suits filed against it. A plaint is the pleading by which a civil suit is instituted; a written statement is the defendant's pleading in response. The rule distinguishes two procedural functions:

• Signing: The plaint or written statement must be signed by a person appointed for that purpose by the Government under a general or special order.
• Verification: The pleading must be verified by a person appointed by the Government who is acquainted with the facts of the case.
• Authorisation: The same person may perform both functions where properly authorised and factually acquainted; the rule does not require the signatory and verifier to be different individuals.

A general order may authorise a designated category of officials, whereas a special order may authorise an identified official or particular matter. The relevant order of authorisation should be checked against the signatory's role and the date of the pleading.

Related provisions of the CPC

Section 79 - Naming the Government as a party

Section 79 provides that a suit by or against the Central Government is brought in the name of the Union of India, while a suit by or against a State Government is brought in the name of the State. Order XXVII Rule 3 complements this naming requirement.

Section 80 - Notice before suing Government or a public officer

Section 80(1) generally requires two months' prior written notice before institution of the specified suits against Government or a public officer for acts purporting to be done in an official capacity. Section 80(2) provides a route for suits seeking urgent or immediate relief with the court's leave, subject to its statutory conditions. Section 80(3) addresses certain defects in notices. The applicability of these requirements must be assessed in the particular case.

Order VI Rules 14 and 15 - Signing and verification of pleadings

Order VI contains the general requirements for signing and verifying pleadings. Order XXVII Rule 1 imposes specific authorisation requirements when the Government is a party; both sets of rules should be read together.

Order XXVII Rules 2, 3 and 4 - Representation and service

Rule 2 deals with persons authorised to act as recognised agents for Government; Rule 3 deals with the description of Government parties in plaints; and Rule 4 identifies the Government pleader as the agent for receiving court process against the Government.

Practical checklist

1. Identify whether the proper party is the Union of India or the relevant State under Section 79.
2. Confirm that the Government's general or special authorisation covers the official signing the pleading.
3. Confirm that the verifier is authorised and personally acquainted with the material facts or acquainted through official records, as appropriate.
4. Ensure the pleading complies with applicable verification requirements and relevant procedural rules.
5. For suits against Government, examine Section 80 notice requirements and any available statutory exception.
6. Check state amendments and court-specific rules before filing.

Frequently asked questions

Can any Government employee sign a plaint or written statement?

No. Rule 1 requires an appointment by the Government through a general or special order for signing the pleading.

Must the officer who signs also verify the pleading?

Not necessarily. Signing and verification are distinct functions. The verifier must be authorised and acquainted with the case facts.

Does Rule 1 dispense with the Section 80 notice requirement?

No. Rule 1 addresses signing and verification; Section 80 separately regulates pre-suit notice in applicable cases.

Official legal reference

Read the Code of Civil Procedure, 1908 on India Code for Order XXVII and Sections 79 and 80. This article is general legal information, not case-specific legal advice.