Order XXVII Rule 6 CPC - Attendance of a Person Able to Answer Questions in a Government Suit

Order XXVII Rule 6 of the Code of Civil Procedure, 1908 empowers a civil court to direct the attendance of a person on behalf of the Government who can answer material questions relating to a suit when the Government pleader is not accompanied by such a person.

Text of Order XXVII Rule 6 CPC

Meaning and purpose of Rule 6

This rule addresses a practical difficulty in litigation involving the Government: the Government pleader may be able to make legal submissions but may not have direct knowledge of the departmental records, decisions or events in dispute. The court may therefore require the attendance of a person from the Government side who is able to clarify material factual questions.

The rule is discretionary: the word "may" gives the court authority to direct attendance where the circumstances warrant it. It does not mean that every government suit requires an officer to attend each hearing.

When can the court direct attendance?

• The proceeding is a suit involving the Government.
• The Government pleader is not accompanied by a person able to answer material questions about the suit.
• The court considers the attendance of a knowledgeable person necessary or useful for dealing with those questions.

The person directed to attend should have sufficient knowledge of the relevant facts, official records or departmental actions to respond meaningfully. The court determines the need for attendance in the context of the issues before it.

Meaning of important legal terms

Government pleader

Section 2(7) CPC defines "Government Pleader" to include an 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 contains additional provisions governing representation of the Government.

Material questions

These are questions relevant to the matters in dispute or the conduct of the suit. Rule 6 is directed at obtaining informed answers, not at compelling attendance for unrelated inquiries.

Attendance

Attendance under Rule 6 means appearing as directed by the court to assist with questions relating to the suit. It should not automatically be equated with a summons to testify as a witness; separate procedural and evidentiary rules may apply to examination and proof.

Related provisions of the CPC

• Section 79: specifies how the Union of India or a State is named as a party in suits by or against the Government.
• Section 80: governs prior notice in specified suits against the Government or public officers, subject to statutory exceptions including urgent relief under Section 80(2).
• Order XXVII Rule 1: concerns signing and verification of pleadings in Government suits.
• Order XXVII Rule 2: treats persons authorised to act for the Government in judicial proceedings as recognised agents.
• Order XXVII Rule 4: designates the Government pleader as agent for receiving court process against the Government.
• Order XXVII Rule 5B: concerns the court's duty to assist in settlement in suits against the Government or a public officer.

Practical example

Suppose a contractor sues a State Government over disputed payment for public works. At a hearing, the court needs clarification about measurements, approval records or payment decisions. If the Government pleader is unable to answer and no informed departmental representative is present, the court may direct attendance of an appropriate person under Order XXVII Rule 6.

Official legislative reference

Read the Code of Civil Procedure, 1908 on India Code for the central legislation and its schedules. Applicable High Court rules, local amendments and subsequent legislative changes should also be checked for the relevant jurisdiction.

Frequently asked questions

Is the Government officer required to attend every hearing?

No. Rule 6 permits the court to direct attendance where an informed person is needed; it does not impose a universal requirement of attendance at every hearing.

Can a party request such attendance?

A party may draw the court's attention to material questions requiring clarification, but whether to direct attendance under Rule 6 remains a matter for the court.

Does Rule 6 replace the Government pleader?

No. It supplements the Government pleader's representation by allowing the court to obtain factual clarification from a suitable person on behalf of the Government.

Legal information only. Court practice and applicable local amendments may affect the procedure in a particular case.