Civil Procedure Code / Order XXVII

Order XXVII Rule 7 CPC - Extension of Time for Public Officer to Consult Government

Order XXVII Rule 7 of the Code of Civil Procedure, 1908 (CPC) provides a special procedure when a public officer sued in a civil proceeding needs to consult the Government before responding to the plaint. The provision enables the officer to seek an extension from the court so that a reference can be made and instructions received through the proper official channel.

Text of Order XXVII Rule 7 CPC

(1) Where the defendant is a public officer and, on receiving the summons, considers it proper to make a reference to the Government before answering the plaint, he may apply to the Court to grant such extension of the time fixed in the summons as may be necessary to enable him to make such reference and to receive orders thereon through the proper channel.

(2) Upon such application the Court shall extend the time for so long as appears to it to be necessary.

Meaning and scope of Rule 7

Rule 7 applies where the defendant is a public officer and, after receiving summons, considers it appropriate to refer the matter to the Government before answering the plaint. The officer may request additional time from the court for obtaining official instructions. The provision addresses the practical need for communication through departmental channels; it does not itself determine liability or decide the merits of the suit.

The rule has two parts. Sub-rule (1) permits the officer to apply for time to make the reference and receive orders. Sub-rule (2) directs the court, on such an application, to extend the time for the period that appears necessary. The length of the extension is tied to necessity as assessed by the court, rather than an automatic fixed period under Rule 7 itself.

How an application under Rule 7 works

  1. The public officer receives summons in the civil suit.
  2. The officer considers whether Government instructions are needed before answering the plaint.
  3. The officer applies to the court for an extension, explaining the need to make a reference and obtain instructions through the proper channel.
  4. The court determines the period necessary for that purpose and grants an extension under Rule 7(2).
  5. The officer should then act within the period fixed by the court, subject to applicable procedural directions.

The application should identify the proceedings, the official communication required and the time reasonably needed. Rule 7 does not dispense with service of summons or give an unrestricted right to postpone the suit.

Section 79 - Suits by or against Government

Section 79 identifies the proper name of the Government as a party in a civil suit: the Union of India in a suit by or against the Central Government, and the State in a suit by or against a State Government.

Section 80 - Notice before certain suits

Section 80 generally requires prior written notice before instituting a suit against the Government or a public officer in respect of an act purporting to be done in an official capacity. Section 80(2) provides a limited procedure for suits seeking urgent or immediate relief with the court's leave, subject to its statutory conditions. These notice rules are distinct from an extension sought after summons under Order XXVII Rule 7.

Order XXVII Rules 5, 5A and 8

Rule 5 concerns the time allowed for Government to answer a plaint; Rule 5A requires Government to be joined in a suit against a public officer for acts alleged to have been done in an official capacity; and Rule 8 deals with the procedure in suits against public officers. Rule 7 specifically concerns a public officer's request for time to consult the Government.

Illustrative example

A public officer receives a summons concerning an administrative act performed while carrying out official duties. The officer needs the department's instructions and records before answering the plaint. The officer may apply under Order XXVII Rule 7 for sufficient time to make that reference. The court assesses the necessity and fixes an appropriate extension.

Official legal source

Read the Code of Civil Procedure, 1908 on India Code for the statutory text, including Sections 79 and 80 and the First Schedule containing Order XXVII. Check applicable local amendments and court rules when dealing with a particular proceeding.

This article explains the general statutory framework and is not a substitute for advice on the facts of a particular case.