Code of Civil Procedure, 1908 / Order XXVII

Order XXVII Rule 2 CPC - Persons Authorised to Act for Government

Order 27 Rule 2 of the Code of Civil Procedure, 1908 (CPC) explains who may act as a recognised agent for the Government in judicial proceedings and what procedural steps such an agent may take.

Text of Order XXVII Rule 2 CPC

Persons being ex officio or otherwise authorised to act for the Government in respect of any judicial proceeding shall be deemed to be recognised agents by whom appearances, acts and applications under this Code may be made or done on behalf of the Government.

Meaning and explanation of Rule 2

The rule provides a statutory basis for treating certain Government-authorised persons as recognised agents in civil proceedings. A person may be authorised ex officio (by virtue of holding an office) or through another valid authorisation. The rule permits that person to undertake appearances, procedural acts and applications under the CPC on behalf of the Government, within the scope of the authorisation and applicable procedural law.

Important terms explained

Ex officio: Authority attached to an official position, rather than conferred solely in an individual's personal capacity.
Recognised agent: A person whom procedural law recognises as competent to perform specified acts for a party. Order III Rule 2 also deals generally with recognised agents.
Appearance, acts and applications: Procedural participation, filing and other steps permitted by the CPC, subject to rules governing representation and advocacy.
Government: The relevant Union or State Government as determined by the proceeding and the CPC's applicable provisions.

Scope and practical application

When the Government is a party to a civil case, an appropriately authorised official may take procedural steps for it. The authority should be ascertainable from the relevant office, rule, notification, order or other valid instrument. Rule 2 does not mean that every Government employee automatically has authority to act in every case.

It is also important to distinguish acting as a recognised agent from the professional right to plead or conduct advocacy in court. The latter remains subject to applicable law and court rules. Where representation by an advocate or Government pleader is required, Rule 2 does not dispense with that requirement.

Order XXVII Rule 1: Signing and verification of pleadings in suits by or against the Government.
Order XXVII Rule 3: Requirements concerning plaints in suits by or against the Government.
Order XXVII Rule 4: Government agent for receiving court process.
Order III Rules 1 and 2: Appearance through a party, recognised agent or pleader, and the general categories of recognised agents.
Section 79 CPC: The naming of the Union or State Government as a party to a suit.
Section 80 CPC: Notice requirements for certain suits against the Government or public officers, including statutory exceptions and conditions.

Illustrative example

Suppose a State Government is defending a civil suit. An officer who is validly authorised to act for the State in the proceeding may undertake the procedural acts covered by that authority. The Government's pleadings must still comply with the separate signing and verification requirements of Order XXVII Rule 1 and other applicable CPC provisions.

Official legislation and references

For the authoritative text and amendments, consult the India Code portal (Government of India) and search for the Code of Civil Procedure, 1908 (Act 5 of 1908). Legislative materials are also available from the Legislative Department, Ministry of Law and Justice. State amendments and applicable High Court rules should be checked for the relevant jurisdiction.

Legal note: This article explains the central CPC provision for general information. The applicable text, authorisation instruments, local amendments and court rules should be checked before relying on it in a specific proceeding.

Updated: 15 October 2026