Order XXVII Rule 4 CPC - Agent for Government to Receive Process

Order 27 Rule 4 of the Code of Civil Procedure, 1908 (CPC) identifies the Government pleader as the Government's agent for receiving process issued by a court against the Government.

Text of Order XXVII Rule 4 CPC

Meaning and scope of Rule 4

The rule provides a statutory point of receipt for court process in civil proceedings against the Government. The Government pleader attached to the court is treated as the Government's agent for receiving process issued by that court. This helps courts communicate procedural documents to the Government through its legal representative.

Government pleader: Under Section 2(7) CPC, this expression includes any officer appointed by the State Government to perform the functions expressly imposed by the Code on the Government pleader, and any pleader acting under that officer's directions. Order XXVII Rule 8B also contains definitions applicable to that Order.

Process: In this context, court process refers to procedural documents issued by the court, including summons or notices as applicable. Rule 4 concerns their receipt; it does not, by itself, decide the merits of a claim or dispense with other procedural requirements.

How the provision operates

• Proceedings against Government: When a court issues process against the Government, its Government pleader is the designated receiving agent under this rule.
• Court-specific authority: The text refers to the Government pleader in any Court and process issued by such Court.
• Service requirements: Parties must still comply with applicable provisions governing summons, notices and service, including any relevant court rules.
• Other legal representation: Rule 2 separately addresses persons authorised to appear, act or apply on behalf of the Government.

Related CPC provisions

Section 79 - Suits by or against Government

Section 79 specifies the proper description of the Government as a party to a suit: the Union of India in the case of the Central Government and the State in the case of a State Government. Order XXVII Rule 3 addresses the corresponding form of the plaint.

Section 80 - Notice before suit

Section 80 generally requires prior written notice before instituting specified suits against the Government or a public officer in respect of an act purporting to be done in an official capacity, subject to the statutory provisions and exceptions, including the urgent-relief mechanism in Section 80(2). This pre-suit notice is distinct from court process received under Rule 4.

Order XXVII Rules 1, 2 and 4

Rule 1 concerns the signing and verification of pleadings in Government suits. Rule 2 recognises authorised persons as agents for appearances, acts and applications. Rule 4 specifically designates the Government pleader to receive court process.

Official legal sources

Consult the Code of Civil Procedure, 1908 on India Code for the statutory text and applicable amendments. Court rules and State amendments may also be relevant to a particular proceeding.

This article explains the central CPC provision for general information. Specific service questions depend on the applicable law, local rules and facts of the case.