Suits by or against Government
Full Text
In any suit by or against the Government, the plaint or written statement shall be signed by such person as the Government may, by general or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case.
Plain English Summary
Specifies statutory requirements for signing and verifying pleadings in suits by or against the Government, requiring signatures by a generally or specially appointed officer and verification by an authorized person conversant with the factual matrix.
Key Legal Elements
- Government Authorization: Signatory must be authorized by a general or special government notification/order.
- Acquaintance with Facts: Verifying deponent must be personally or officially conversant with the records and facts.
- Applicability: Applies equally to plaints instituted by the State and written statements filed in defense.
- Interplay with Section 79: Pleading must be filed in the constitutional name of 'Union of India' or the concerned 'State'.
Practical Note
Challenging Defective Government Verification: 1. Scrutinizing Signatures: In suits defended by the Government, check whether the written statement is signed by an officer specifically empowered under Law Department standing orders or Law Officers Rules. A written statement signed by an unauthorized subordinate without notification can be challenged under Order VI Rule 14 read with Order XXVII Rule 1. 2. Verification from Official Records: Government officers verify based on official files rather than personal knowledge. Ensure the verification clause states 'based on information derived from official records believed to be true'.
हिंदी पाठ
सरकार द्वारा या उसके विरुद्ध किसी भी वाद में, वादपत्र (Plaint) या लिखित कथन (Written statement) ऐसे व्यक्ति द्वारा हस्ताक्षरित किया जाएगा जिसे सरकार, साधारण या विशेष आदेश द्वारा, इस निमित्त नियुक्त करे, और ऐसे किसी व्यक्ति द्वारा सत्यापित (Verify) किया जाएगा जिसे सरकार इस प्रकार नियुक्त करे और जो मामले के तथ्यों से परिचित हो।