Order XXVII Rule 3 CPC - Plaints in Suits by or Against Government
Order 27 Rule 3 of the Code of Civil Procedure, 1908 prescribes how the Government is to be identified in a plaint. Instead of setting out an individual's name, description and residential address for the Government as a party, the plaint may use the appropriate designation specified by Section 79 CPC.
Order XXVII Rule 3 CPC - Statutory provision
The rule, titled "Plaints in suits by or against the Government", provides:
In suits by or against the Government, instead of inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall be sufficient to insert the appropriate name as provided in section 79.
This is a rule about the description of the Government as a party in the plaint. It does not dispense with the other requirements for instituting or defending a civil suit.
Meaning and practical application
In an ordinary civil suit, the plaint normally identifies each party by name, description and place of residence. Where the plaintiff or defendant is the Government, Order XXVII Rule 3 allows the appropriate statutory designation under Section 79 CPC to be used instead of those individual identifying particulars.
For example, a suit involving the Union Government is described in the name of the Union of India, while a suit involving a State Government is described in the name of the State concerned. The precise parties and any additional parties must still be determined by the facts, relief claimed and applicable law.
Section 79 CPC - Suits by or against Government
Section 79 identifies the name to be used in suits by or against Government:
- Central Government: the authority to be named is the Union of India.
- State Government: the authority to be named is the State (for example, State of Kerala).
Order XXVII Rule 3 operates together with Section 79. It should not be confused with Section 80, which separately governs notice before certain suits against Government or public officers and contains specific exceptions and conditions.
Related procedural requirements
Order XXVII Rule 1 - Signing and verification
Rule 1 addresses the signing and verification of pleadings in suits by or against Government by persons appointed for those purposes. Rule 3 deals with the Government's name in the plaint; it does not replace Rule 1.
Order XXVII Rule 2 - Recognised agents
Rule 2 treats persons authorised to act for Government in judicial proceedings as recognised agents for appearances, acts and applications under the CPC.
Section 80 - Notice before suit
Section 80 ordinarily requires advance notice before instituting specified suits against Government or public officers for acts purporting to be done in an official capacity. Its requirements, including the provision for urgent or immediate relief with leave of the court under Section 80(2), must be considered independently.
Other procedural provisions
Depending on the case, the plaint must also comply with Order VI (pleadings), Order VII (plaints), and other applicable CPC provisions. Naming the Government correctly does not by itself establish jurisdiction, maintainability or entitlement to relief.
Official legal sources
Read the Code of Civil Procedure, 1908 on India Code for the statute and its schedules, including Section 79, Section 80 and Order XXVII. The Legislative Department, Government of India also provides legislative resources. Check applicable State amendments and current court rules when preparing a pleading.
This article explains the general central CPC framework and is for legal information, not case-specific legal advice.