Order XXVII Rule 8 CPC: Procedure in Suits Against Public Officers

Text of Order XXVII Rule 8 CPC

The statutory wording above is reproduced from the supplied page with punctuation and paragraph formatting normalized. Consult the applicable amended text and local court rules for proceedings in a particular jurisdiction.

Meaning and legal effect of Rule 8

Rule 8(1): Government undertakes the defence

Where a public officer is sued and the Government elects to defend the officer, the Government pleader must first receive authority to appear and answer the plaint. The pleader then applies to the Court, which records that authority in the register of civil suits. This provides a formal record that the Government is conducting the defence through its pleader.

Rule 8(2): No application by the appointed day

If the Government pleader makes no such application by the day fixed in the notice for the defendant's appearance and answer, the suit proceeds as one between private parties. The officer remains a defendant and the ordinary procedural rules continue to apply, subject to the proviso in Rule 8(2).

Proviso: Protection from arrest and attachment

The proviso protects the defendant public officer from arrest and from attachment of property otherwise than in execution of a decree. It does not give the officer immunity from the suit, from adjudication, or from enforcement of a decree. Its protection concerns the specified coercive processes before the execution stage.

Related legal provisions explained

Section 2(17) CPC - Public officer

Defines "public officer" through specified categories of persons holding public functions or offices. Whether a defendant qualifies depends on the statutory definition and facts.

Section 79 CPC - Suits by or against Government

Identifies the proper name of the Union of India or the relevant State in civil suits by or against Government. A suit against an officer personally is distinct from a suit naming the Government.

Section 80 CPC - Notice

Generally requires prescribed prior notice before instituting a suit against Government or a public officer in respect of an act purporting to be done in an official capacity, subject to the statutory provisions for urgent or immediate relief and other applicable exceptions.

Order XXVII Rule 5A CPC - Joinder of Government

Requires Government to be joined as a party where a suit seeks damages or other relief against a public officer for an act alleged to have been done in the officer's official capacity.

Order XXVII Rule 7 CPC - Reference to Government

Allows a defendant public officer to seek an extension to consult Government before answering the plaint; the Court extends time as necessary under that rule.

Read these provisions together when considering whether the Government should be joined, whether notice is required, and who is authorized to conduct the defence.

How the procedure works in practice

1. A civil suit is brought against a person alleged to be a public officer.
2. The officer or concerned department determines whether the Government will undertake the defence, in accordance with applicable administrative requirements.
3. If the Government undertakes the defence, the Government pleader obtains authority and applies to the Court under Rule 8(1).
4. The Court notes that authority in the register of civil suits.
5. If no application is made by the specified day, the case proceeds as between private parties, subject to the protection in the proviso to Rule 8(2).

Whether a claim concerns an act done in an official capacity, and whether other procedural protections apply, must be assessed on the pleadings and governing law.

Frequently asked questions

Does the Government automatically defend every public officer?

No. Rule 8 addresses the situation where the Government undertakes the defence. It does not itself make Government representation automatic in every suit.

What happens if the Government pleader does not apply in time?

Under Rule 8(2), the suit proceeds as a suit between private parties, subject to the express proviso protecting against arrest or attachment otherwise than in execution of a decree.

Does Rule 8 prevent attachment after a decree?

No. The proviso expressly permits the relevant process in execution of a decree, subject to the other applicable legal requirements and exemptions.

Official legal sources

For the current consolidated text and amendments, consult the India Code official legislation portal and search for the Code of Civil Procedure, 1908 (Act 5 of 1908). Legislative materials may also be accessed through the Legislative Department, Government of India. State amendments and applicable High Court rules should also be checked.