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Definitions of "Government" and "Government pleader"
In this Order unless otherwise expressly, provided "Government" and "Government pleader" mean respectively-
(a) in relation to any suit by or against the Central Government, or against a public officer in the service of that Government, the Central Government and such pleader as that Government may appoint whether generally or specially for the purposes of this Order;
*[* * *]
(c) in relation to any suit by or against a State Government or against a public officer in the service of a State, the State Government and the Government pleader as defined in clause (7) of section 2, or such other pleader as the State Government may appoint, whether generally or specially, for the purposes of this Order.
*Clause (b) omitted by the A.O. 1948.
STATE AMENDMENT
Uttar Pradesh.-In Order XXVII, after rule 9, insert the following rule, namely:-
"10- Suits by or-against statutory authority.-(1) Any authority or corporation, consituted by or under any law, may, from time to time, appoint a Standing Counsel, to be called Corporation pleader of that authority in any district and give information of such appointment to the District Judge *[and to Registrar of the High Court at Allahabad or a Lucknow Bench, as the case may be].
(2) The Corporation pleader so appointed shall be the agent in that district of the appointing authority or Corporation for purposes of receiving processes against it, but shall not act or plead without filing a vakalatnama or memorandum of appearance."
[Vide Uttar Pradesh Act 57 of 1976, sec. 11 (w.e.f. 1-1-2024) and * Notification dated 10th February, 1981 (w.e.f. 3-10-2023).]
HIGH COURT AMENDMENTS
Allahabad.-In Order XXVII, after rule 8B, insert the following rule, namely:-
"9. In every case in which the District Government Counsel appears for the Government as a party on its own account, or for the Government as undertaking under the provisions of rule 8(1), the defence of a suit against an officer of the Government, he shall, in lieu of a vakalatnama, file a memorandum on unstamped paper signed by him and stating on whose behalf he appears. Such memorandum shall be, as nearly as may be, in the terms of the following form:-
TITLE OF THE SUIT, ETC.
1. AB. District Government Counsel appears on behalf of the Government of India (or the Government of Uttar Pradesh, or as the case may be) respondent (or etc.). in the suit:-
or, on behalf of the Government [which under order 27, rule 8(1) of Act No. V of 1908, has undertaken the defence of the suit], respondent (or, etc.), in the suit."
{Vide Notification No. 1953/35 (a), dated 22nd May, 1915.]
Andhra Pradesh.-Same as in Madras.
Madras.-In Order XXVII, renumber rules 8A and 8B as rules 9 and 10 respectively, (w.e.f. 2-3-2024)
Orissa.-In Order XXVI, insert the following rule, namely:-
"9. In every case in which the Government pleader appears for the Government as a party on it own accounts or for the Government as undertaking under the provision of rule 8(1), the defence of a suit against an officer of a Government, he shall in lieu of a vakalatnama, file a memorandum of unstamped paper signed by him and stating on whose behalf he appears." (w.e.f. 14-10-2023)
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