Code of Civil Procedure, 1908 | Order 27

Order XXVII Rule 5 CPC - Fixing of Day for Appearance on Behalf of Government

Order XXVII Rule 5 of the Code of Civil Procedure, 1908 (CPC) regulates the time a civil court allows for the Government to appear and answer a plaint. It recognises the need for official communication and instructions to the Government pleader while limiting extensions.

Text of Order XXVII Rule 5 CPC

The Court, in fixing the day for the Government to answer to the plaint, shall allow a reasonable time for the necessary communication with the Government through the proper channel, and for the issue of instructions to the Government pleader to appear and answer on behalf of the Government, and may extend the time at its discretion but the time so extended shall not exceed two months in the aggregate.

Meaning and legal effect

When the Government is a defendant in a civil suit, the court must set an appearance or response date that allows reasonable time for the relevant department to receive information through official channels and issue instructions to its Government pleader. The court has discretion to extend the time, but the aggregate extension under Rule 5 must not exceed two months.

The two-month figure is the limit on extensions under this particular rule; it should not be confused with a universal deadline for every pleading or with an automatic two-month adjournment. Other procedural requirements, including applicable rules governing written statements, still need to be considered.

Key expressions explained

Government pleader

Under Section 2(7) CPC, a Government pleader includes an officer appointed by the State Government to perform the functions expressly imposed by the CPC on a Government pleader, and any pleader acting under that officer's directions. The definition and the applicable appointments should be checked for the court concerned.

Reasonable time

A period fixed by the court after considering the time reasonably needed for communications through the proper Government channels and for issuing instructions. It is not a fixed period in every case.

Two months in the aggregate

The combined extensions granted under Order XXVII Rule 5 cannot exceed two months. The wording limits the total extended time, not each individual extension.

Related CPC provisions

Section 79: specifies the appropriate party name for suits by or against the Central or a State Government, namely the Union of India or the State concerned.
Section 80: generally requires advance notice before institution of certain suits against Government or public officers in respect of official acts, subject to statutory exceptions including the urgent-relief procedure in Section 80(2).
Order XXVII Rule 1: governs signing and verification of plaints and written statements in Government suits.
Order XXVII Rule 2: recognises persons authorised to act for Government as recognised agents for proceedings under the CPC.
Order XXVII Rule 4: identifies the Government pleader as the agent for receiving court process against Government.
Order VIII Rule 1: addresses the time for filing a written statement; its application and interaction with special procedures must be considered in context.

Practical point: The court should allow adequate time for the Government's administrative instructions without treating Government status as a basis for unlimited delay. Any request for additional time should be considered in light of Rule 5 and other applicable procedural provisions.

Illustrative example

If a civil court issues process in a suit against a State Government, the relevant department may need to obtain records and send instructions to its Government pleader. The court can fix a reasonable date to facilitate those steps and, where justified, grant extensions within the cumulative two-month limit provided by Rule 5.

Official legal source

Read the Code of Civil Procedure, 1908 on India Code for the statute, schedules and amendments. Applicable State amendments and court rules should also be checked for the relevant jurisdiction.

Frequently asked questions

Does Order XXVII Rule 5 allow an automatic two-month extension?

No. Extensions are discretionary, and their combined duration under the rule must not exceed two months.

Why is extra time contemplated for Government appearance?

Government departments may need to communicate through designated official channels before a Government pleader can receive instructions and answer the suit.

Does Rule 5 remove the need to comply with other CPC rules?

No. Rule 5 must be read with other applicable procedural provisions, including those relating to service, pleadings and court directions.